Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 56.
FAMILY PLANNING
The Texas Department of Health (department) adopts new §§56.1
- 56.19 and the repeal of §§56.101 - 56.104, 56.201 - 56.209, 56.301
- 56.306, 56.401 - 56.404, 56.501 - 56.525, 56.601 - 56.607, 56.701 - 56.703,
56.801, 56.802, and 56.901 - 56.904, concerning the Family Planning Program.
Sections 56.1, 56.4, 56.7, 56.9, 56.12, 56.14, 56.16, and 56.17 are adopted
with changes to the proposed text as published in the August 23, 2002, issue
of the
Texas Register
(27 TexReg 7733) as
a result of comments received during the 30-day comment period. The repeals
and new §§56.2, 56.3, 56.5, 56.6, 56.8, 56.10, 56.11, 56.13, 56.15,
56.18, and 56.19 are adopted without change, and therefore the sections will
not be republished.
Specifically, the new sections concern applicability of family planning
requirements; definitions; purposes; family planning advisory committee; maximum
rates and specific codes; range of methods; abortion statement; requirements
for reimbursement of family planning services; records retention; prompt service;
freedom of choice; confidentiality; eligibility for family planning services;
consent; family planning for adolescents; and civil rights.
Government Code, Chapter 2110 requires that each state agency adopt rules
on advisory committees. The rules must state the purpose 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
automatically be abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1998, the board adopted §56.104 of this title (relating to Family
Planning Advisory Committee). The committee has provided advice to the Texas
Board of Health (board) and the department relating to comprehensive family
planning services. Section 56.104 states that the committee will automatically
be abolished on January 1, 2003. The board has now reviewed and evaluated
the committee and has determined that the committee should continue in existence
until January 1, 2007.
New §56.4 updates provisions relating to the operation of the committee.
Specifically, the new section provides that the committee shall continue in
existence until January 1, 2007; provides that the committee shall appoint
the presiding officer; and establishes the Informational and Educational Subcommittee.
Government Code, §2001.039 also 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 56.101
- 56.104, 56.201 - 56.209, 56.301 - 56.306, 56.401 - 56.404, 56.501 - 56.525,
56.601 - 56.607, 56.701 - 56.703, 56.801, 56.802, and 56.901 - 56.904 have
been reviewed and the department has determined that reasons for adopting
the sections continue to exist because rules on this subject are needed. However,
all the existing rules in Chapter 56 are being repealed, and new rules are
being proposed to make them more accessible, understandable, and usable.
The department published a Notice of Intention to Review the sections as
required by Government Code §2001.039 in the
Texas Register
on May 19, 2000 (25 TexReg 4598). No comments were received.
The department is making the following minor changes to clarify the intent
and improve the accuracy of the sections.
Change: Concerning §56.1, the erroneous reference to the "Title V
Manual, September, 2002" has been corrected as "Title V Policies and Procedures
Manual, September, 2002".
Change: Concerning §56.4(f)(2)(B)(vi), the reference to "one representative
of client self support services from DHS" has been updated to "one representative
from the DHS Texas Works Program".
Change: Concerning §56.4(n)(5), the paragraph has been amended to
clarify that advisory committee members may neither exercise their official
powers or duties in favor of or against another person in exchange for a benefit.
Change: Concerning §56.9, the erroneous reference to 1 Texas Administrative
Code §354.1003 (relating to Medical Records) has been corrected as "1
Texas Administrative Code §354.1004 (relating to Medical Records)".
Change: Concerning §56.16, the word "must" was inadvertently omitted
from the first sentence of the section as proposed, and has been added to
clarify that all the provisions of §56.16 are intended to be mandatory.
Change: Concerning §56.17(a)(1), the department has restated the professional
qualifications of a clinical geneticist serving as a genetic service agency
provider's medical director more specifically.
The following comments were received concerning the proposed sections.
Following each comment is the department's response and any resulting changes.
Comment: Concerning the chapter as a whole, several commenters stated that
the rules should be amended to assure that family planning providers report
sexual abuse and assault of minors as required by state law.
Response: The department agrees and has amended §56.12 to incorporate
the essence of the commenters' suggested language. As a result of the amendment,
the sentence concerning access to client records by department staff or their
authorized representatives has been rephrased and added to §56.12(3)
for clarity.
Comment: Concerning the chapter as a whole, one commenter stated that the
rules should be amended to require family planning providers to document reports
of abuse of minors in the clients' medical records.
Response: The department already requires all family planning providers
by contract to document reports of abuse of minors, but not necessarily in
clients' medical records. No change was made as a result of this comment.
Comment: Concerning the chapter as a whole, one commenter recommended that
the rules be amended to prohibit family planning providers from advising a
minor not to reveal the name or other identifying information concerning the
client's sexual partner, or informing a client that a report must be made
if there is reason to believe that a sexual assault or other abuse has occurred.
Response: The department disagrees because §56.12 as amended already
requires providers to show a good faith effort to comply with all child abuse
reporting guidelines and requirements in order to receive appropriated funds.
Any activities by providers inconsistent with their obligations under §56.12
are therefore prohibited by law, regulation, or by contract without specific
enumeration. No changes were made as a result of this comment.
Comment: Concerning the chapter as a whole, one commenter suggested that
the rules should be amended to require that audits of family planning providers
should include review of a representative sample of client files to confirm
that the provider is complying with child abuse reporting requirements.
Response: The department currently conducts on-site monitoring of family
planning providers to assure they are making a good faith effort to comply
with all abuse reporting guidelines and requirements, as required by the providers'
contracts with the department. Monitoring procedures include review of a random
sample of all client records, as well as a targeted review of the records
of all unmarried minors under the age of 14 who are pregnant or who have a
confirmed sexually transmitted disease. No changes were made as a result of
this comment.
Comment: Concerning §56.1, one commenter suggested that the Family
Planning Program Policies Manual and Title V Manual should be identified by
date.
Response: The department agrees and has amended the section accordingly.
Comment: Concerning §56.4(n), one commenter stated that bylaws for
all the department's advisory committees should include clarification of members'
responsibilities concerning conflict of interest and acceptance of benefits.
Response: The department agrees, and the addition of §56.4(n)(3) -
(6) clarifies these member responsibilities.
Comment: Concerning §56.7, several commenters stated that the rules
should be amended to clarify that state funds shall not be used to pay the
direct or indirect costs of abortion procedures provided by contractors.
Response: The department agrees and has amended the section with clarifying
language concerning the use of state funds for contractors that provide abortion
procedures.
Comment: Concerning §56.7, one commenter stated that the department's
financial audits of family planning providers should include a determination
of whether state funds have been used to pay the direct or indirect costs
of abortion procedures provided by department contractors.
Response: Department policy concerning audits of family planning contractors
already includes review for compliance with state and federal regulations
that prohibit funding of costs related to abortion procedures. No changes
were made as a result of this comment.
Comment: Concerning §56.14, several commenters stated that the department
should deny compensation for provision of family planning services to minors
unless consent has been obtained pursuant to Chapter 32 of the Texas Family
Code.
Response: Federal law does not authorize states to require the consent
of a parent or another adult for provision of family planning services to
minors eligible for Medicaid. Additionally, several federal courts have held
that regulations concerning Title X of the Public Health Service Act prohibit
state parental consent requirements for family planning services provided
to minors. Section 56.14 has been amended to clarify that providers must obtain
consent in accord with Chapter 32, Family Code, unless federal law or regulations
provide otherwise, before a minor may receive family planning services.
The comments on the proposed rules received by the department during the
comment period were submitted by the Office of the Governor of Texas, Representative
Charlie Howard, Representative Leo Berman, Representative John Shields, Representative
Sid Miller, Representative Arlene Wohlgemuth, Representative Phil King, Representative
Joe Nixon, Representative Rick Green, the Texas Alliance for Life, department
staff, and individuals. The comments were neither for nor against the rules
in their entirety; however, they raised questions, offered comments for clarification
purposes, and suggested clarifying language concerning specific provisions
in the rules.
25 TAC §§56.1 - 56.19
The new sections are adopted under Health and Safety Code, §12.001,
that 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.
§56.1.Applicability of Family Planning Requirements.
The requirements in each section apply to Titles V, X, XIX (Medicaid),
and XX family planning programs unless otherwise specified within the section.
Family planning contractors are also required to observe all guidelines and
operating procedures outlined in the Family Planning Program Policies Manual,
February, 2003, and/or Title V Policies and Procedures Manual, September,
2002, as required by their contracts. In addition to the requirements set
out in Chapter 56, Title XIX (Medicaid) providers must comply with the terms
and conditions of the Provider Agreement signed by all providers as a condition
of participation in the Texas Medical Assistance Program.
§56.4.Family Planning Advisory Committee.
(a)
An advisory committee shall be appointed under and governed
by this section.
(1)
The name of the committee shall be the Family Planning
Advisory Committee.
(2)
The committee is established under the Health and Safety
Code, §11.016 which allows the board to establish advisory committees.
(3)
The committee shall comply with the requirements of 42
United States Code §300a-4, 42 Code of Federal Regulations §59.6,
and the Title X Program Guidelines for Project Grants for Family Planning
Services by appointment of a subcommittee to review and approve informational
and educational materials developed or made available under Title X of the
Public Health Service Act.
(b)
Applicable law. The committee is subject to the Government
Code, Chapter 2110, relating to state agency advisory committees.
(c)
Purpose. The purpose of the committee is to provide advice
to the board and program staff in the area of comprehensive family planning
services. The committee process affords the opportunity for participation
in the development, implementation, and evaluation of the program by persons
broadly representative of all significant elements of the population to be
served, and by persons in the community knowledgeable about the needs for
family planning services.
(d)
Tasks.
(1)
The committee shall evaluate, on an ongoing basis, the
family planning needs of the state and the family planning program; make recommendations
for the program's improvement; and review and make recommendations regarding
proposed rules, policy revision and development.
(2)
The committee shall advise the board concerning rules relating
to the family planning program.
(3)
The committee shall carry out any other tasks given to
the committee by the board.
(e)
Committee abolished. By January 1, 2007, 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 15 members.
(1)
The composition of the committee shall include five family
planning consumer representatives and ten non-consumer representatives. The
composition of the committee shall reflect the diversity of the state's citizens
and consumers, with regard to ethnicity, race, age, gender, geographic location,
and economic status. Each member shall represent all the citizens of the state
in all the committee's deliberations and decisions.
(2)
The members of the committee shall be appointed by the
board as follows:
(A)
five family planning consumers, with at least one male
representative; and
(B)
ten non-consumer members, including the following:
(i)
two primary care physicians currently licensed by the Texas
State Board of Medical Examiners and currently involved in the delivery of
family planning services. One physician must be certified by the American
College of Obstetricians and Gynecologists or its equivalent and one physician
must have a practice that includes adolescents;
(ii)
one women's health care nurse practitioner with family
planning experience, currently licensed by the Board of Nurse Examiners for
the State of Texas;
(iii)
four family planning provider agency administrators;
(iv)
one reproductive health educator;
(v)
one presiding officer of the Regional Coordinating Chairpersons'
Subcommittee;
(vi)
one representative from the DHS Texas Works Program.
(g)
Terms of office. The term of office of each member shall
be six years, except for the presiding officer of the Regional Coordinating
Chairpersons' Subcommittee, who shall be appointed for a two-year term.
(1)
Members shall be appointed for staggered terms so that
the terms of members shall expire on December 31st of each even-numbered year.
(2)
If a vacancy occurs, a person shall be appointed to serve
the unexpired portion of that term.
(h)
Officers. The committee shall select from its members the
presiding officer and assistant presiding officer.
(1)
Each officer shall serve until December 31st of each even-numbered
year. Each officer may holdover until his or her replacement is elected.
(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 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 by vote of the committee.
(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 at least semiannually
to conduct committee business.
(1)
A meeting may be called by agreement of department staff
and either the presiding officer or at least three members of the committee.
(2)
Meeting arrangements shall be made by department staff.
Department staff 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)
A simple majority of the 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
opportunity for any person to address the committee on matters relating to
committee business. The presiding officer may establish procedures for such
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 members
are 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
from 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. Staff support for the committee and its subcommittees
shall be provided by the department.
(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 action taken by the committee must be approved by a
majority vote of the members present once a quorum is established.
(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 advisory committee at each committee meeting or in interim written reports
as needed. The reports shall include an executive summary or minutes of each
subcommittee meeting.
(4)
The committee shall have a standing subcommittee to coordinate
the activities of family planning providers at a regional level. The Regional
Coordinating Chairpersons' Subcommittee (RCCS) shall be comprised of chairpersons
of the Regional Coordinating Committees (RCC). The regional committees shall
be comprised of representatives from the family planning providers in the
region.
(A)
The RCCS shall elect a presiding officer (chairperson)
and assistant presiding officer from its membership to serve a two-year term
to begin serving on January 1 of each odd-numbered year. Each officer shall
serve until December 31st of each even-numbered year.
(B)
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 workgroups of the committee as necessary, and cause proper
reports to be made to the committee.
(C)
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 elected to complete the
unexpired portion of the term of the office of presiding officer.
(D)
A member shall not serve consecutive terms as presiding
officer and/or assistant presiding officer.
(E)
RCCS members are elected from each of the Regional Coordinating
Committees to serve two-year terms to begin serving on January 1 of each even-numbered
year. Each member shall serve until December 31st of each even numbered year.
A member shall serve no more than two consecutive terms.
(5)
The committee shall appoint a standing subcommittee of
five to nine members who are broadly representative of the state to review
and approve prior to their distribution, as required by federal law, Title
X informational and educational material developed or made available under
the project. The subcommittee will be known as the Informational and Educational
Subcommittee.
(A)
The Reproductive Health Educator from the committee shall
serve as the presiding officer.
(B)
Members will serve two-year terms to begin serving on January
1 of each odd-numbered year. Each member shall serve until December 31st of
each even-numbered year.
(C)
A member shall serve no more than two consecutive terms.
Any vacancies shall be filled by appointment of the committee.
(D)
The Informational and Educational Subcommittee may delegate
responsibility for the review of the factual, technical, and clinical accuracy
to appropriate project staff. However, final approval of the Informational
and Educational materials rests with the committee.
(6)
The Informational and Educational Subcommittee must:
(A)
consider the educational and cultural backgrounds of the
individuals to whom the materials are addressed;
(B)
consider the standards of the population or community to
be served with respect to such materials;
(C)
review the content of the material to assure that the information
is factually correct;
(D)
determine whether the material is suitable for the population
or community to which it is to be made available; and
(E)
establish a written record of its determinations.
(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.
(3)
A committee member should not accept or solicit any benefit
that might reasonably tend to influence the member in the discharge of the
member's official duties.
(4)
A committee member should not disclose confidential information
acquired through his or her committee membership.
(5)
A committee member should not knowingly solicit, accept,
or agree to accept any benefit for having exercised the member's official
powers or duties in favor of or against another person.
(6)
A committee member who has a personal or private interest
in a matter pending before the committee shall publicly disclose the fact
in a committee meeting and may not vote or otherwise participate in the matter.
The phrase "personal or private interest" means the committee member has a
direct pecuniary interest in the matter but does not include the committee
member's engagement in a profession, trade, or occupation when the member's
interest is the same as all others similarly engaged in the profession, trade,
or occupation.
(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 and the source of funds used to support the committee's
activities.
(3)
The report shall cover the meetings and activities in the
immediately preceding 12 months and shall be filed with the board by January
31st of each year. 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 and following the department requirements.
(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 no later than 14 days after each committee meeting.
(5)
Requests for reimbursement of expenses shall be made on
official state travel vouchers prepared by department staff.
§56.7.Abortion Statement.
Abortion is not considered a method of family planning and no state
funds appropriated to the department shall be used to pay the direct or indirect
costs (including overhead, rent, phones and utilities) of abortion procedures
provided by contractors.
§56.9.Records Retention.
Providers must maintain for the time period specified by the department
all records pertaining to client services, contracts, and payments. Title
XIX (Medicaid) record retention requirements are found in 1 Texas Administrative
Code §354.1004 (relating to Retention of Records). The department contractors
must follow contract provisions and the department's Retention Schedule for
Medical Records. All records relating to services must be accessible for examination
at any reasonable time to representatives of the department and as required
by law.
§56.12.Confidentiality.
The department and providers must ensure the safeguarding of client
family planning information. Clients must give written permission prior to
the release of any personally identifying information except reports of child
abuse required by Chapter 261 of the Texas Family Code, and as required or
authorized by other law. The department may distribute appropriated funds
only to contractors that show good faith efforts to comply with all child
abuse reporting guidelines and requirements.
(1)
The provider must ensure client confidentiality and provide
safeguards for clients against the invasion of personal privacy.
(2)
All personnel (both paid and volunteer) must be informed
during orientation of the importance of keeping information about a client
confidential.
(3)
Clients' records must be monitored to ensure access is
limited to appropriate staff and to department staff or their authorized representatives.
(4)
The client's preference of methods of follow-up contact
must be documented in the client's record.
(5)
Each client must receive verbal assurance of confidentiality
and an explanation of what confidentiality means.
§56.14.Consent.
The department and providers may provide family planning services,
including prescription drugs, without the consent of the minor's parent, managing
conservator, or guardian only as authorized by Chapter 32 of the Texas Family
Code or by federal law or regulations. A provider may not require consent
for family planning services from the spouse of a married client.
§56.16.Civil Rights.
The department and providers must make family planning and genetic
services available without regard to marital status, parenthood, handicap,
age, color, religion, sex, ethnicity, or national origin. The provider must
comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352); §504
of the Rehabilitation Act of 1973 (Public Law 93-112); The Americans with
Disabilities Act of 1990 (Public Law 101-336), including all amendments to
each; and all regulations issued pursuant to these Acts.
§56.17.Contract Requirements for the Title XIX (Medicaid) Family Planning Genetics Program.
(a)
A genetic service agency provider may contract with the
department for Title XIX reimbursement for family planning genetic diagnostic
and counseling services under the following conditions.
(1)
The medical director of the genetic services agency provider
is a clinical geneticist (MD or DO). The clinical geneticist must be board
eligible or board certified in clinical genetics by the American Board of
Medical Geneticists (ABMG).
(2)
A team of professionals provides the genetic diagnostic
and counseling services. The team must consist of at least a clinical geneticist
and at least one of the following: a nurse (RN), a genetic associate (MS),
a social worker (MSW), a medical geneticist (PhD), or a genetic counselor
(MS). The members of the team must meet the criteria established by ABMG or
work under the direct supervision of a clinical geneticist. Administrative
and support staff may also be involved.
(3)
The agency provider's records must contain multiple indexing
for easy retrieval of information (by client name, by client number, and by
syndrome, according to the International Classification of Diseases (current
edition) with Clinical Modifications), and must comply with the department's
records requirements.
(4)
The agency provider must arrange for full medical referral
services since genetic disorders often encompass several health problems.
Independent consultant, laboratory, and radiology services must be billed
through the genetic services agency provider under contract with the department.
(5)
Genetic counseling must be provided face-to-face by a clinical
geneticist or under the direct supervision of a clinical geneticist.
(6)
Services provided by a specialized genetics agency provider
must be under a written subcontractual agreement with the prime contractor.
The department has the right to approve all subcontractual agreements.
(7)
Any applicable state licensure or certification requirements
must be met.
(b)
Clinical laboratories that are part of the genetic services
agency provider and external clinical laboratories used by genetic services
agency providers must be directed by a clinical laboratory geneticist as defined
by the ABMG. In some cases, the department may approve selected laboratory
tests to be conducted by regular clinical laboratories if these laboratories
demonstrate the ability to perform these tests. All clinical laboratories
must be certified by Title XVIII for services provided and further approved
for participation in the Title XIX program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 24, 2003.
TRD-200300641
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 13, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 458-7236
Subchapter A. PROGRAM INFORMATION
25 TAC §§56.101 - 56.104
The repeals are adopted under Health and Safety Code, §12.001,
that 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 agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300642
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 13, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 458-7236
25 TAC §§56.201 - 56.209
The repeals are adopted under Health and Safety Code, §12.001,
that 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 agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300643
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 13, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 458-7236
25 TAC §§56.301 - 56.306
The repeals are adopted under Health and Safety Code, §12.001,
that 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 agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300644
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 13, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 458-7236
25 TAC §§56.401 - 56.404
The repeals are adopted under Health and Safety Code, §12.001,
that 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 agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300645
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 13, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 458-7236
25 TAC §§56.501 - 56.525
The repeals are adopted under Health and Safety Code, §12.001,
that 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 agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300646
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 13, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 458-7236
25 TAC §§56.601 - 56.607
The repeals are adopted under Health and Safety Code, §12.001,
that 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 agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300647
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 13, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 458-7236
25 TAC §§56.701 - 56.703
The repeals are adopted under Health and Safety Code, §12.001,
that 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 agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300648
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 13, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 458-7236
25 TAC §56.801, §56.802
The repeals are adopted under Health and Safety Code, §12.001,
that 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 agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300649
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 13, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 458-7236
25 TAC §§56.901 - 56.904
The repeals are adopted under Health and Safety Code, §12.001,
that 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 agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300650
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 13, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 458-7236
Chapter 411.
STATE AUTHORITY RESPONSIBILITIES
Subchapter B. INTERAGENCY AGREEMENTS
Chapter 56.
FAMILY PLANNING
Subchapter B. CLIENT RIGHTS AND ELIGIBILITY
Subchapter C. PROVIDER PROGRAM REQUIREMENTS
Subchapter D. PURCHASED SERVICES
Subchapter E. FAMILY PLANNING AGENCY STANDARDS TITLES V, X, XIX, AND XX
Subchapter F. ADMINISTRATIVE REQUIREMENTS FOR AGENCY PROVIDERS
Subchapter G. GENETIC SERVICES
Subchapter H. FAMILY PLANNING PROGRAM SERVICES PROVIDED BY TEXAS DEPARTMENT OF HEALTH DIRECT DELIVERY STAFF, FAMILY HEALTH SERVICES NURSES, AND CONTRACTED HEALTH PROVIDERS
Subchapter I. TEXAS DEPARTMENT OF HEALTH AIDS PREVENTION
Part 2.
TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION