TITLE 25.HEALTH SERVICES

Part 1. TEXAS DEPARTMENT OF HEALTH

Chapter 37. MATERNAL AND INFANT HEALTH SERVICES

Subchapter Q. REPORTING OF ELEVATED LEVELS OF CHILDHOOD LEAD

25 TAC §§37.331 - 37.336

The Texas Department of Health (department) proposes amendments to §§37.331-37.336 concerning childhood lead reporting.

Government Code, §2001.039 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 37.331-37.336 have been reviewed and the department has determined that reasons for adopting the sections continue to exist; however changes were necessary as described in this preamble.

The amendments change the reporting level from ten micrograms per deciliter of lead to reporting of all blood lead levels, clarify when to report, change reporting of blood lead levels to 40 micrograms per deciliter immediately to the department to a specified phone number, and clarify that race and ethnicity are reported separately.

The department published a Notice of Intention to Review for §§37.331-37.336 as required by Government Code, §2001.039 in the Texas Register on April 28, 2002 (25 TexReg 3799). No comments were received in regards to the publication of the notice.

Judy Henry, Division Co-director, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implication to state or local government as a result of enforcing or administering the sections as proposed.

Judy Henry has also 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 sections will be at no cost. This benefit is better information to the public of the lowered reporting level, facilitating better follow up for children at risk. There will be no cost effects on micro businesses or small businesses. This was determined by interpretation of the rules that small businesses and micro-businesses will not be required to alter their business practices in order to comply with the rules as proposed. There are no anticipated economic costs to persons who are required to comply with the amendments as proposed. There is no anticipated impact on local employment.

Comments on the proposal may be submitted to Teresa Willis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7269, fax (512) 458-7699. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendments are proposed under Health and Safety Code, §88.003, which authorizes the board of health (board) to adopt rules relating to the reporting of childhood blood lead levels; and Health and Safety Code, §12.001, which provides the board with the authority to adopt rules for its procedure and for the performance of each duty imposed by law on the board, the department, or the commissioner of health.

The amendments affect Health and Safety Code, Chapters 88 and 12; and implements Government Code, §2001.039.

§37.331.Purpose.

The purpose of these sections is to implement the provisions of Acts 1995, 74th Legislature, Chapter 965, adding Chapter 88 to the Health and Safety Code which provides the Texas Board of Health with the authority to adopt rules relating to the reporting of childhood lead levels [ of concern ] and control of elevated blood lead levels in children through an understanding of the prevalence and nature of the problem of childhood lead poisoning in Texas.

§37.332.Definitions.

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Blood lead level of concern -- Presence of blood lead concentrations suspected to be associated with mental and physical disorders due to absorption, ingestion, or inhalation of lead as specified in the most recent criteria issued by the United States Department of Health and Human Services, United States Public Health Service, Centers for Disease Control and Prevention (CDC). [ The current level recommended by CDC is a blood lead concentration of ten micrograms of lead per deciliter of blood or greater. ]

(2) - (13) (No change.)

§37.333.Confidentiality of Information Provided to the Department.

(a) Reports, records, and other information collected by, or maintained by, or provided to the Texas Department of Health relating to children's reports of blood lead testing [ children known or suspected to have blood lead levels of concern or lead poisoning ] are not public information under open records law and may not be released or made public on subpoena or otherwise, except as described in subsection (b) of this section.

(b) (No change.)

§37.334.Reportable Health Condition.

(a) All blood [ Blood ] lead levels [ of concern (greater than or equal to ten micrograms per deciliter) ] in children 14 years of age or younger are reportable to the Texas Department of Health (department). Elevated blood lead levels for individuals over 14 years of age shall be reported in accordance with Chapter 99 of this title (relating to Occupational Condition Reporting [ Diseases ]).

(b) The department will maintain a registry of children's blood lead test results [ children with blood lead levels of concern and lead poisoning ].

(c) (No change.)

§37.335.Persons Required to Report.

(a) The following persons are required to report all blood lead results [ a case or suspected case of a child with a blood lead level of concern after gaining knowledge of the case ]:

(1) (No change.)

(2) the [ a ] person in charge of:

(A) - (B) (No change.)

(C) a facility in which a laboratory conducts blood lead testing. [ other facility in which a laboratory examination of a specimen from a child indicates a blood lead level of concern. ]

(b) If a report is not made as required in subsection (a)(1) or (2) of this section, the following persons shall report all blood lead results [ a case or suspected case of a child with a blood lead level of concern ]:

(1) - (8) (No change.)

§37.336.Reporting Procedures.

(a) The reporting physician, laboratory director, or alternate person as set forth in §37.335(b) of this title (relating to Persons Required to Report) shall make the report of the childhood blood lead level results [ of concern ] in writing to the local health authority or the Texas Department of Health (department) immediately after receiving the blood lead test result [ gaining knowledge of the blood lead level of concern ]. A local health authority or the department may authorize one or more employees under his or her supervision to receive the report from the physician, laboratory director, or alternate person by telephone. The local health authority or the department shall implement a method for verifying the identity of the telephone caller when that person is unfamiliar to the employee.

(b) (No change.)

(c) When a child with a blood lead result [ level of concern ] resides outside the local health jurisdiction that received the report, the local health authority shall notify the appropriate local health authority or public health region where the child or children reside. The department shall assist the local health authority in providing such notifications if requested. The receiving local health authority shall collect the reports and transmit the information at weekly intervals to the department.

(d) Blood lead levels of 40 [ 45 ] micrograms per deciliter or greater shall be reported immediately [ within one working day ] by telephone to the local health authority or the department at (800) 588-1248 . The following information shall be reported [ on a child with a blood lead level of concern or lead poisoning ]:

(1) the child's name, address, date of birth or age, sex , [ and ] race and ethnicity ;

(2) - (4) (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 May 3, 2002.

TRD-200202772

Susan Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: June 16, 2002

For further information, please call: (512) 458-7236


Chapter 97. COMMUNICABLE DISEASES

Subchapter B. IMMUNIZATION REQUIREMENTS IN TEXAS ELEMENTARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION

25 TAC §97.63

The Texas Department of Health (department) proposes an amendment to §97.63 concerning immunization requirements for Texas child-care facilities, elementary and secondary schools and institutions of higher education.

Specifically, this amendment allows a four-day grace period when the school immunization requirements specify a minimum age for administration of a specific vaccine. The proposed revision to existing requirements will incorporate recent recommendations of the Advisory Committee on Immunization Practices (ACIP). This committee, which has representatives of the American Academy of Pediatrics, recommends that vaccine doses administered up to four days before the minimum interval or age can be counted as valid. ACIP believes that administering a dose a few days earlier than the minimum interval or age is unlikely to have a significant negative effect on the immune response to that dose.

Linda S. Linville, M.S., R.N., Chief, Bureau Immunization and Pharmacy Support, has determined that for the first five-year period that the section will be in effect there will be no fiscal implications to state and local government as a result of enforcing and administering the section as proposed.

Ms. Linville, has also determined that for each year of the first five years that the section is in effect the public benefits anticipated as a result of enforcing and administering the section as proposed will emerge as a decrease in revaccination of children who do not meet the minimum age for a particular vaccine or minimum interval between doses of the same vaccine. There will be no impact on micro-businesses and small businesses. The only fiscal impact expected will be a decrease in medical costs for parents due to the decrease in the cost of revaccination. There will be no impact on local employment.

Comments on the proposal may be submitted to Janie Garcia, 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 30 days following publication of this proposal in the Texas Register .

This amendment is 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; Human Resources Code, §42.043, which requires the department to make rules regarding the immunization of children admitted to child-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.

This section affects Health and Safety Code §81.023; Texas Education Code, §38.001, 51.933; and 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. Implementation of requirements for hepatitis B vaccine for adolescents and varicella vaccine and hepatitis A for all ages is contingent upon the appropriation of funds to the department for these purposes. By July 1 of each odd-numbered year, the department will publish a statement on whether or not these vaccines have been funded and are required as specified.

(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); Haemophilus influenzae type b conjugate vaccine (HibCV), hepatitis A, and varicella vaccine.

(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 , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) 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, Hepatitis A, Hepatitis B, or Varicella ) ; and

(iv) (No change.)

(v) no later then August 1, 2000, one dose of varicella vaccine is required. This vaccine must have been received on or after the first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) . 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 five years of age (15 months through four years of age):

(i) - (ii) (No change.)

(iii) one dose of MMR vaccine is required. Only doses received on or after the first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) 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; and

(iv) (No change.)

(v) no later then August 1, 2000, one dose of varicella vaccine is required. This vaccine must have been received on or after the first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) . 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) no later then August 1, 2000, 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. In addition to the above hepatitis A vaccine requirements, the Texas Department of Health (department) pursuant to the requirements of Health and Safety Code §81.023 shall require hepatitis A vaccine for children residing in other geographic areas specified by the department when the incidence rate of hepatitis A during a representative period of time of no less than 180 days has reached the rate at least twice the national average, as recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices. 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 , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) of one dose of hepatitis A vaccine administered on or after their second birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) ; 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 , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) .

(2) Children and students five years of age or older.

(A) - (B) (No change.)

(C) Measles.

(i) Beginning September 1, 1990:

(I) all children and students must have received measles vaccine on or after their first birthday, or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP), provide serologic confirmation of measles immunity or serologic evidence of infection; and

(II) the requirement for measles vaccine administered on or after the first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) will apply if a child's/student's immunization record is updated; a child/student enters a child-care facility or school for the first time; or a child/student transfers from another state into a Texas school or child-care facility.

(ii) Beginning January 1, 1991, children and students born on or after September 1, 1978 will be required to show serologic proof of measles immunity, serologic evidence of infection, or receipt of two doses of measles vaccine administered on or after the first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) . This proof is not required until the child's 12th birthday. The two doses of measles vaccine must have been administered at least 28 days apart. Children and students may have 30 days past their 12th birthday to be in compliance with this clause. For further information see §97.65 of this title and §97.67 of this title.

(iii) Effective August 1, 1997:

(I) children born on or after September 2, 1991, will be required to show proof of either:

(-a-) two doses of measles vaccine administered on or after the first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) and at least 28 days apart; or

(-b-) (No change.)

(II) children born prior to September 2, 1991 will be required to show proof by 30 days past their 12th birthday of either:

(-a-) two doses of measles vaccine administered on or after the first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) , and at least 28 days apart; or

(-b-) (No change.)

(D) Rubella. Beginning September 1, 1991:

(i) all children and students must have received rubella vaccine on or after their first birthday, or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP), provide serologic confirmation of rubella immunity, or serologic evidence of infection; and

(ii) the requirement for rubella vaccine administered on or after the first birthday, or in accordance with the most recent General Recommendations on immunizations issued by the Advisory Committee on Immunization Practices (ACIP) will apply if a child's/student's immunization record is updated; a child/student enters a child-care facility or school for the first time; or a child/student transfers from another state into a Texas school or child-care facility. For further information see §97.65 of this title and §97.67 of this title.

(E) Mumps. Beginning September 1, 1990:

(i) all children or students will be required to have received mumps vaccine administered on or after their first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) , provide serologic confirmation of mumps immunity, or serologic evidence of infection; and

(ii) the requirement for mumps vaccine administered on or after the first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) will apply if a child's/student's immunization record is updated, a child/student enters a child-care facility or school for the first time; or a child/student transfers from another state into a Texas school or child-care facility. For further information see §97.65 of this title and §97.67 of this title.

(F) (No change.)

(G) Varicella.

(i) No later then August 1, 2000, children born on or after September 2, 1994, will be required to show proof of either:

(I) one dose of varicella vaccine received on or after the first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) (two doses are required if the child is 13 years old or older at the time the first dose of varicella vaccine is received); or

(II) (No change.)

(ii) No later than August 1, 2000, children born on or after September 2, 1988, but before September 2, 1994, will be required to show proof by 30 days past their 12th birthday of either:

(I) one dose of varicella vaccine received on or after the first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) (two doses are required if the child is 13 years old or older at the time the first dose of varicella vaccine is received); or

(II) (No change.)

(H) Hepatitis A. Effective August 1, 1999, children subject to these requirements as described in §97.61 of this title (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. In addition to the above hepatitis A vaccine requirements, the department pursuant to the requirements of Health and Safety Code §81.023 shall require hepatitis A vaccine for children residing in other geographic areas specified by the department when the incidence rate of hepatitis A during a representative period of time of no less than 180 days has reached the rate at least twice the national average, as recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices. 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 , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) .

(3) Students in institutions of higher education (colleges, universities, and other teaching facilities above the high school level).

(A) - (D) (No change.)

(E) Measles. Beginning January 1, 1992:

(i) all students defined previously in subparagraph (A) of this paragraph who were born on or after January 1, 1957, must show proof of either:

(I) two doses of measles vaccine administered since January 1, 1968, and on or after their first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) and at least 28 days apart; or

(II) at least one dose of measles vaccine administered on or after their first birthday, or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP), which must be received by students enrolled in health-related courses prior to direct patient contact and completion of the measles requirement must be accomplished as rapidly as is medically feasible; or

(III) (No change.)

(ii) (No change.)

(F) Rubella. Beginning January 1, 1992:

(i) all students defined previously in subparagraph (A) of this paragraph must show, prior to patient contact, proof of either:

(I) one dose of rubella vaccine administered on or after their first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) ; or

(II) (No change.)

(ii) (No change.)

(G) Mumps, Beginning January 1, 1992:

(i) all students defined previously in subparagraph (A) of this paragraph who were born on or after January 1, 1957, must show, prior to patient contact, proof of either:

(I) one dose of mumps vaccine administered on or after their first birthday , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP); or

(II) (No change.)

(ii) (No change.)

(H) - (I) (No change.)

(J) Varicella. Beginning August 1, 1999, varicella vaccine is required of all students defined previously 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 , or in accordance with the most recent General Recommendations on Immunizations issued by the Advisory Committee on Immunization Practices (ACIP) . 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.

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 May 6, 2002.

TRD-200202779

Susan Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: June 16, 2002

For further information, please call: (512) 458-7236


Chapter 97. COMMUNICABLE DISEASES

Subchapter G. VACCINATION STAMPS

The Texas Department of Health (department) proposes amendments to §§97.151-97.153, 97.155-97.156 and the repeal of §97.154 concerning the criteria for issuing yellow fever immunization stamps to physicians.

These are proposed rules concerning the criteria for issuing yellow fever immunization stamps to physicians. The Texas Department of Health (department)) is the governmental entity which determines which physicians in the state are authorized to administer yellow fever vaccine and validate cholera vaccination for persons who travel outside the United States. Physician's application for and accessibility to yellow fever vaccination stamps will remain basically unchanged. However, the department proposes the deletion of all references to cholera vaccination and validation of cholera vaccination. The manufacture and sale of the only licensed cholera vaccine in the United States have been discontinued. The risk of cholera to United States' travelers is so low that vaccination is of questionable benefit according to the Centers for Disease Control and Prevention's Health Information for International Travel, 2001-2002.

Government Code, §2001.039 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). The department has reviewed §§97.151-97.156 and has determined that reasons for adopting the sections continue to exist; however, a repeal of a rule and amendments are necessary to delete all references to cholera vaccination and make the rules more accessible, understandable, and usable.

The department published a Notice of Intention to Review §§97.151-97.156 as required by Government Code, §2001.039 in the Texas Register on January 14, 2000 (25 TexReg 275). No comments were received following the publication of the notice.

Linda S. Linville, M.S., R.N., Chief, Bureau Immunization and Pharmacy Support, has determined that for the first five-year period that the sections will be in effect there will be no fiscal implications as a result of enforcing and administering the sections as proposed. There is no cost to local government since it involves only private physicians and the state health department.

Ms. Linville, has also determined that for each year of the first five years the sections are in effect, physicians who administer yellow fever vaccinations to persons who travel outside of the United States will continue to apply for the stamps as they do currently. Ms. Linville has determined it necessary to delete the references relating to cholera vaccination and the cholera vaccination stamp since cholera vaccine is no longer available in the United States. The deletion of these references is expected to have no impact on either the physicians or the traveling public since cholera vaccination is no longer available in the United States. The proposed revisions shall have no fiscal impact on small businesses. There should be no fiscal impact on micro-businesses such as clinics or physicians' offices since the cost of obtaining the yellow fever vaccination stamp is unchanged. The fiscal impact on travelers to areas outside the United States is expected to remain unchanged since the cost of the stamp remains the same. There will be no impact on local employment.

Comments on the proposal may be submitted to Janie Garcia, Immunization Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7284, extension 6430, or (800) 252-9152. Comments will be accepted for 30 days following publication of this proposal in the Texas Register .

25 TAC §§97.151 - 97.153, 97.155, 97.156

The amendments are proposed under the authority of Health and Safety Code, §81.021, which gives the board the right to exercise its powers in matters relating to protecting the public health to prevent the introduction of disease into the state; and 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 amendments affect the Health and Safety Code, Chapters 12 and 81.

§97.151.Purpose and Scope.

The U.S. Public Health Service has designated the Texas Department of Health as the governmental entity in the State of Texas which is responsible for determining which physicians in the state are authorized to administer yellow fever vaccine [ and validate cholera vaccinations ] for persons who travel outside the United States. The department provides this authorization by issuing vaccination stamps to designated physicians. [ There are two types of stamps: yellow fever vaccination stamps and cholera stamps. ] These sections cover the criteria by which the department issues [ issued ] the yellow fever vaccination stamp [ stamps ] to physicians.

§97.152.Definitions.

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise:

[ (1) Cholera vaccination stamp--A vaccination stamp issued by the department to a physician authorizing him or her to validate cholera vaccinations for persons who travel outside the United States.]

(1) [ (2) ] Department--The Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756.

(2) [ (3) ] Division--The Immunization Division, Bureau of Immunization and Pharmacy Support [ Communicable Disease Services ], Texas Department of Health.

(3) [ (4) ] Physician--A physician licensed to practice medicine in the State of Texas.

(4) [ (5) ] Site--The location where a physician is authorized to administer yellow fever vaccine.

(5) [ (6) ] Yellow fever vaccination stamp--A vaccination stamp issued by the department to a physician authorizing him or her to purchase and administer yellow fever vaccine [ and validate cholera vaccinations ] for persons who travel outside the United States.

§97.153.Criteria for Issuing Yellow Fever Stamps to Physicians.

(a) - (e) (No change.)

(f) Physician record keeping. The physician to whom the yellow fever stamp is issued is responsible for maintaining the following information:

(1) [ (A) ] name, address, birthdate, sex, race, and occupation of the vaccine recipient;

(2) [ (B) ] reason for vaccinating [ immunizing ] the vaccine recipient;

(3) [ (C) ] destinations of the vaccine recipient;

(4) [ (D) ] time, date, and address of vaccine administration; and

(5) [ (E) ] lot number and expiration date of the vaccine.

(g) - (i) (No change.)

(j) Annual report. In January of each year, a physician shall report to the division the number of doses of yellow fever vaccine [ and cholera vaccines ] administered during the preceding year. Reporting forms are available from the division.

(k) (No change.)

§97.155.Format of the Yellow Fever Vaccination Stamp [ and the Cholera Stamp ].

The format of the yellow fever vaccination stamps [ and cholera stamps ] will be according to federal guidelines Division of Quarantine Circular No. 106, which is adopted by reference in §97.153 [ §97.154 ] of this title (relating to Criteria for Issuing Yellow Fever [ Cholera Vaccination ] Stamps to Physicians ).

§97.156.Denial, Suspension, or Revocation of Stamp.

(a) The division may deny an application for a stamp or suspend or revoke an existing stamp if the applicant or holder fails to comply with the requirements of these sections. The applicant or holder has the opportunity to request a hearing on any of these actions in accordance with department formal hearing rules, §§1.21, 1.23, 1.25, and 1.27 [ §§1.21-1.32 ] of this title (relating to Formal Hearing Procedures).

(b) (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 May 6, 2002.

TRD-200202781

Susan Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: June 16, 2002

For further information, please call: (512) 458-7236


25 TAC §97.154

(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 repeal is proposed under the authority of Health and Safety Code, §81.021, which gives the board the right to exercise its powers in matters relating to protecting the public health to prevent the introduction of disease into the state; and 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 repeal affects the Health and Safety Code, Chapters 12 and 81.

§97.154.Criteria for Issuing Cholera Vaccination Stamps.

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 May 6, 2002.

TRD-200202780

Susan Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: June 16, 2002

For further information, please call: (512) 458-7236