Part 1.
DEPARTMENT OF STATE HEALTH SERVICES
Chapter 73.
LABORATORIES
The Executive Commissioner of the Health and Human Services Commission
(commission), on behalf of the Department of State Health Services (department),
adopts amendments to §§73.11, 73.21, 73.31, 73.41, and 73.51 - 73.55,
concerning fees for laboratory services, and the repeal of §73.25, concerning
the certification and accreditation of environmental laboratories. The amendments
to §§73.11, 73.21, 73.31, 73.41, 73.51, 73.54, and 73.55 are adopted
with changes to the proposed text as published in the October 14, 2005, issue
of the
Texas Register
(30 TexReg 6557). Sections
73.52 and 73.53 and the repeal of §73.25 are adopted without changes
and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
The repeal of §73.25 is necessary because the Texas Commission on
Environmental Quality now administers environmental laboratory certification
and accreditation. The amendments comply with Health and Safety Code, §§12.031,
12.032, and 12.0122 that allow the department to charge fees to a person who
receives public health services from the department, and which is necessary
for the department to recover costs for performing laboratory services. Since
the last rules revision, the laboratory has experienced increased costs due
to changes in technology for laboratory testing, new requirements for shipment
of laboratory specimens, and price increases on supplies and test kits. The
increase in fees offsets a portion of the cost of performing laboratory testing.
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 73.11,
73.21, 73.31, 73.41 and 73.51 - 73.55 have been reviewed and the department
has determined that reasons for adopting the sections continue to exist because
rules on this subject are needed. Section 73.25 was reviewed and the department
has determined that reasons for adopting the section no longer exist because
the responsibility for this section has been transferred to the Texas Commission
for Environmental Quality.
SECTION-BY-SECTION SUMMARY
The proposed changes include editorial changes to existing rules, the deletion
of laboratory tests, increases to the maximum cap on existing fees and new
fees for clinical and environmental testing. Section 73.25 is repealed because
the Texas Commission on Environmental Quality now administers the two-tiered
program for the certification and accreditation of environmental laboratories.
Amendments to §§73.11, 73.21, 73.31, 73.41 and 73.51 contain editorial
changes to correct the name of the department and the laboratory and to correct
spelling errors. Section 73.52 contains maximum limits for fees for certification
of milk and shellfish laboratories to replace the existing fees set at an
exact amount. Section 73.53 establishes the fee schedule for training of laboratorians.
Sections 73.54 and 73.55 contain the fee schedules for clinical testing, newborn
screening, environmental testing, and other laboratory services. These sections
include new fees, increased caps on some existing fees, and the deletion of
some tests.
COMMENTS
The department, on behalf of the commission, did not receive any public
comments concerning the proposal during the comment period. However, the department
staff on behalf of the commission provided comments and the commission has
reviewed and agrees to the following changes.
Change: Concerning §§73.11, 73.21, 73.31, 73.41, 73.51, 73.52,
73.53, 73.54 and 73.55, all references to the Laboratory Services Section
have been removed in accordance with department reorganization.
Change: Concerning §§73.54 and 73.55, editorial changes have
been made to correct formatting and spelling errors.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adoption has been reviewed by legal counsel and found to
be within the state agencies' authority to adopt.
25 TAC §§73.11, 73.21, 73.31, 73.41, 73.51 - 73.55
STATUTORY AUTHORITY
The amendments are authorized under Health and Safety Code, §§12.031
and 12.032, which allow the department to charge fees to a person who receives
public health services from the department, §12.034, which requires the
department to establish collection procedures, §12.035, which requires
the department to deposit all money collected for fees and charges under §§12.032
and 12.033 in the state treasury to the credit of the department's public
health service fee fund, and §12.0122, which allows the department to
enter into a contract for laboratory services; and Government Code, §531.0055,
and Health and Safety Code, §1001.075, which authorize the Executive
Commissioner of the Health and Human Services Commission to adopt rules and
policies necessary for the operation and provision of health and human services
by the department and for the administration of Health and Safety Code, Chapter
1001.
§73.11.Certification of Milk and Shellfish Laboratories.
(a)
Purpose. This section establishes the procedures for milk
and shellfish laboratories to become certified laboratories under federal
or state law.
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings unless the context clearly
indicates otherwise.
(1)
Assessment--A fact-finding process performed by the Department
of State Health Services (department) in which information and observations
are collected and evaluated for the purpose of judging the laboratory's conformance
with established certification standards. Assessment includes an onsite inspection.
(2)
Certification--An official and legal approval granted by
the department to a laboratory, permitting analysis of milk or shellfish samples
in accordance with applicable federal and state laws and rules based on the
process outlined in this section. Certification means that a certified laboratory
has been judged capable of correctly performing the analyses for which it
is certified. Certification does not imply or mean that the department certifies
the results produced by the certified laboratory.
(c)
Certification application.
(1)
A laboratory must submit an application for certification
directly to the department on a form specified by the department.
(2)
Payment of the appropriate fee for certification under §73.52
of this title (relating to Fees for the Certification of Milk and Shellfish
Laboratories) must accompany the application.
(3)
Payment may be by check or money order made payable to
the Department of State Health Services.
(4)
A laboratory may apply for certification in a single category
or any combination of categories from among the following: antibiotic milk
laboratory, milk industry laboratory, full service milk laboratory or, shellfish
laboratory.
(5)
The department shall perform an assessment for each milk
and shellfish laboratory applying for certification.
(6)
Each certified laboratory must pay the appropriate certification
fee. After initial certification, the laboratory will be assessed the certification
fee on an annual basis.
(d)
Standards.
(1)
The minimum standards for certification are as specified
by the United States Food and Drug Administration (FDA). These specifications
are available for review during normal business hours at the Department of
State Health Services, 1100 West 49th Street, Austin, Texas 78756-3199.
(2)
Each applicant laboratory will be evaluated, at a minimum
on the following factors: credentials and experience of staff, quality assurance
plan, manuals of procedures, performance on evaluation unknowns, equipment,
calibrations and standards, methodology, facilities, sample acceptance policies,
sample tracking, record keeping, reporting, and results interpretation.
(e)
Inspections. The department may conduct inspections of
laboratories to ascertain adherence to minimum standards and the effectiveness
of the certification system. For laboratories for which the department serves
as both the assessing and certification authority, inspections will be conducted
on at least a biennial basis.
(f)
Withdrawal of certification.
(1)
A laboratory must meet all minimum standards, pass all
performance evaluation sets, and pass onsite inspection no less than every
two years to be certified.
(2)
A laboratory that fails to meet requirements by scoring
outside the acceptable limits on a set of performance evaluation unknowns,
has serious deficiencies at the time of an onsite inspection, fails to notify
the department within 30 days of major changes which might impair analytical
capability (personnel, equipment, or location), or fails to notify the state
or public of certain problems as required by notification regulations may
be placed on provisionally certified status.
(3)
Failure on two consecutive performance evaluation sets
or failure to correct major deficiencies following onsite inspection may result
in the withdrawal of certification. The corrective action must take place
within the time frames set by the appropriate federal regulatory authority,
which are 90 days or less.
(4)
Certification may be suspended or revoked immediately if
the standards of the FDA require suspension or revocation, or if continued
operation of the laboratory will jeopardize public health. Due process will
be afforded to the laboratory whose certification is revoked or suspended.
(5)
Certification shall be revoked for a laboratory that submits
as its own work the results for analysis of any performance evaluation sample
that was analyzed by a different laboratory. The laboratory may not reapply
for certification for a period of not less than three years.
§73.21.Newborn Screening.
(a)
Purpose. This section establishes procedures for the purchase
and submission of newborn screening test kits provided by the Department of
State Health Services (department).
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings unless the context clearly
indicates otherwise.
(1)
Charity care newborn--A patient who is not insured and
is not covered or eligible to be covered for newborn screening services by
Medicaid or any other government program.
(2)
Medicaid-eligible newborn--A patient whose mother is a
Medicaid recipient or who is otherwise eligible for Medicaid coverage for
the newborn-related services.
(3)
Newborn Screening (NBS)--Newborn screening is a requirement
of the Health and Safety Code, Chapter 33. Each newborn must have two screening
panels performed. Additional screening panels may be necessary under certain
circumstances.
(4)
Provider--The hospital, birthing center, physician, midwife,
or clinic that collects and submits the NBS specimen.
(5)
Test kit--The department-designed collection device, demographic
information form and envelope used to submit a newborn's blood specimens for
screening by the department.
(c)
Test kits.
(1)
The department will provide newborn screening test kits
upon written request from a provider of newborn screening. A separate test
kit is required for each screening panel.
(A)
The department will provide test kits for Medicaid-eligible
or charity care newborns at no cost to the provider.
(B)
The department will provide test kits for all other newborns
at a fee described in §73.54(1)(H) of this title (relating to Fee Schedule
for Clinical Testing and Newborn Screening).
(2)
When a provider requests test kits, the provider must identify
the number estimated to be needed for Medicaid-eligible newborns, charity
care newborns and other newborns. The provider's estimate shall be based on
the provider's newborn screening services provided in the most recent fiscal
or calendar year if the provider has previously provided these services. A
provider shall provide further information upon request of the department
to verify the appropriateness of the number of test kits provided at no cost.
A provider may use the no-cost test kit only for a Medicaid-eligible or charity
care newborn.
(3)
The department will bill the requesting provider for test
kits when the test kits are sent to the provider. Payment is due within 120
days from the provider's receipt of the test kits.
(4)
The department shall accept only its test kits for submission
of specimens.
(5)
The provider shall ensure that the identifying and demographic
information provided with the test kit is complete and accurate when submitted
to the department.
§73.31.Specimen Submission.
(a)
Specimens submitted to the Department of State Health Services
(department) shall be in compliance with the Manual of Reference Services
(manual) and other written instructions established by the department.
(b)
Failure to submit a specimen as required may result in
the department's refusal to perform the requested services.
(c)
The manual and other written instructions may be obtained
upon request from the Department of State Health Services, 1100 West 49th
Street, Austin, Texas 78756-3199, (512) 458-7318 or online at http://www.dshs.state.tx.us/lab.
§73.41.Sale of Laboratory Services.
(a)
Purpose. This section implements the provisions of the
Health and Safety Code, §12.0122 concerning the sale of specific laboratory
services by the Department of State Health Services (department).
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings unless the context clearly
indicates otherwise.
(1)
Laboratory services--Include the evaluation and/or testing
of samples submitted to the laboratory, certification of laboratories, training
of laboratorians and special projects. Laboratory Services including special
projects for which the department's bureau contracts under this section shall
not include tissue and cytology specimens, except for pap smears for recipients
under federally funded programs.
(2)
Special projects--Include but are not limited to evaluating
adequacy of new test procedures, analyzing samples by methods not routinely
used or for analytes not routinely tested, special surveys and preparation
of data packages.
(c)
Charges. For each contract governed by Health and Safety
Code, §12.0122 the charges for laboratory services shall be the reasonable
charges negotiated by the department and the contracting party(s). The charges
in a contract shall be sufficient to ensure the proper provision of the services
to be performed and the reasonable recovery by the department of its costs
relating to the contract.
(d)
Other contracts. This section does not affect department
contracts that are not governed by Health and Safety Code, §12.0122.
(e)
Fees. This section does not affect the authority of the
department to establish and collect fees for laboratory services under the
Health and Safety Code, Chapter 12, Subchapter D, §§12.031-12.034.
§73.51.Fees.
(a)
Purpose. This section establishes fees pursuant to the
Health and Safety Code, §§12.0122, 12.032 and 12.034 for laboratory
services provided by the Department of State Health Services (department)
and provides for their payment.
(b)
Definitions. The following words and terms, when used in
this section shall have the following meaning unless the context clearly indicates
otherwise.
(1)
All metals drinking water group--Aluminum, antimony, arsenic,
barium, beryllium, total hardness (calculated), cadmium, calcium, chromium,
copper, iron, lead, magnesium, manganese, mercury, nickel, selenium, silver,
sodium, thallium, and zinc.
(2)
Chlorinated pesticides and polychlorinated biphenyls (PCBs)
in drinking water--Alachlor, aldrin, aroclor, atrazine, butachlor, chlordane,
dieldrin, endrin, ethyl parathion, heptachlor, heptachlor epoxide, hexachlorobenzene,
lindane, methoxychlor, methyl parathion, metolachlor, metribuzin, propachlor,
simazine, toxaphene, and trifluralin.
(3)
Fish tissue metals group--Arsenic, cadmium, copper, lead,
mercury, selenium, and zinc.
(4)
Gamma emitting isotopes--Be-7, Na-22, Na-24, Cl-38, K-40,
Ar-41, K-42, Sc-44, Sc-46, V-48,Cr-51, Mn-54, Co-56, Mn-56, Co-57, Co-58,
Fe-59, Co-4, Ni-65, Zn-65, Cu-67, Zn-69m, Se-75, As-76, Br-82, Rb-83, B-84,
Kr-85, Kr-85m, Sr-85, Kr-87, Kr-88, Rb-88, Y-88, Kr-89, Rb-89, Zr-89, Mo-89,
Sr-91, Y-91m, Sr-92, Y-92, Sr-93, Y-93, Nb-94, y-94, Nb-95, Nb-95m, Tc-95,
Zr-95, Nb-96, Tc-96, Nb-97, Zr-97, Mo-99, Tc-99m, Ru-103, Rh-105, Ru-106,
Ag-108m, Cd-109, Ag-110m, Sn-113, Sb-122, I-124, Sb-124, I-125, Sb-125, Xe-125,
I-126, Sb-126, I-129, I130, I-131, Xe131m, I-132, Te-132, Ba-133, I-133, Xe-133,
Xe-133m, Cs-134, I-134, I-135, Xe-135, Xe-135m, Cs-136, Cs-137, Cs-138, Xe-138,
Ba-139, Ce-139, Ba-140, La-140, Ce-141, Ce-143, Ce-144, Nd-147, Eu-152, Gd-153,
Eu-154, Eu-155, Eu-156, Yb-169, Ta-178, Hf-181, Ta-182, W-187, Ir-192, Au-198,
Hg-203 , Tl-208, Pb-210, Bi-211, Pb-211, Bi-212, Pb-212, Bi-214, Pb-214, Rn-219,
Ra-226, Th-227, Ac-228, Pa-231, Th-231, Th-232, Pa-234, Pa-234m, Th-234, U-235,
U-238, Am-241, and Cm-243.
(5)
ICP/ICP-MS drinking water metals group--Aluminum, arsenic,
barium, beryllium, calcium, total hardness (calculated), chromium, copper,
iron, lead, magnesium manganese, nickel, silver, sodium, and zinc.
(6)
Reagent water metal suitability group--cadminum, chrominum,
copper, iron, lead, manganese, nickel and zinc.
(7)
Routine water mineral group--Alkalinity, chloride, conductance,
fluoride, nitrate, pH, sulfate, and total dissolved solids.
(8)
Semi-volatile organic compounds in fish--1,2,4,5-Tetrachlorobenzene,
1,2,3-trichlorobenzene, 1,2-dichlorobenzene, 1,3-dichlorobenzene, 1,4-dichlorobenzene,
2,4,5-trichlorophenol, 2,4,6-trichlorophenol, 2,4-dichlorophenol, 2,4-dimethylphenol,
2,4-dinitrophenol, 2,4-dinitrotoluene, 2,6-dinitrotoluene, 2-chloronaphthalene,
2-chlorophenol, 2-methylnaphthalene, 2-methylphenol, 2-nitroaniline, 2-nitrophenol,
3,4-methylphenol, 3,3'-dichlorobenzidine, 3-nitroaniline, 4,5-dinitro-2-methylphenol,
4-bromophenyl-phenylether, 4-chloro-3-methylphenol, 4-chloraniline, 4-chlorophenyl-phenylether,
4-nitroaniline, 4-nitrophenol, acenaphthene, acenapthylene, aldrin, alpha-bhc,
alpha-endosulfan, aniline, anthracene, benzidine, benzo(a)anthracene, benzo(a)pyrene,
benzo(b)fluoranthene, benzo(g,h,i)perylene, benzo(k)fluoranthene, benzoic
acid, benzyl alcohol, beta-bhc, beta-endosulfan, bis(2-chloroethoxy)methane,
bis(2-chloroethyl)ether, bis(2-chloroisopropyl)ether, bis(2-ethylhexyl)adipate,
bis(2-ethylhexyl)phthalate, butylbenzylphthalate, chrysene, delta-bhc, dibenz(a,h)anthracene,
dibenzofuran, dieldrin, diethylphthalate, dimethylphthalate, di-n-butylphthalate,
di-n-octylphthalate, diphenylhydrazine, endosulfan sulfate, endrin, endrin
aldehyde, endrin ketone, fluoranthene, fluorene, heptachlor, heptachlor epoxide,
hexachlorobenzene, hexachlorobutadiene, hexachlorocyclopentadiene, hexachloroethane,
hexachlorophene, indeno-(1,2,3-cd)pyrene, isophorone, lindane, napthalene,
nitrobenzene, n-nitrosodiethylamine, n-nitrosodimethylamine, n-nitroso-di-n-butylamine,
n-nitroso-di-n-propylamine, n-nitrosodiphenylamine, p,p'-ddd, p,p'-dde, p,p'-ddt,
pentachlorophenol, phenanthrene, phenol, pyrene, pyridine.
(9)
Volatile organic compounds (VOC).
(A)
In air--1,1,1-Trichloroethane, 1,2,4-trimethylbenzene,
1,4-dichlorobenzene, 2-ethoxyethylacetate, 2-heptanone, 2-propanol, acetone,
alpha-pinene, benzene, butoxyethanol, butyl acetate, chloroform, cumene (isopropyl
benzene), cyclohexane, cyclohexanone, ethanol, ethyl acetate, ethyl methacrylate,
ethyl benzene, heptane, hexachloroethane, isoamyl acetate, iso-butanol, limonene,
m/p-xylene, methyl ethyl ketone (MEK), methyl methacrylate, napththalene,
n-propyl acetate, o-xylene, phenol, sec-butanol, styrene, tetrachloroethylene,
tetrahydrofuran, toluene, trichloroethylene.
(B)
In drinking water--
(i)
Regulated compounds--1,1,1-Trichloroethane, 1,1,2-trichloroethane,
1,1-dichloroethene, 1,2,4-trichlorobenzene, 1,2-dichlorobenzene, 1,2-dichloroethane,
1,2-dichloropropane, 1,4-dichlorobenzene, benzene, carbon tetrachloride, chlorobenzene,
cis-1,2-dichloroethene, ethyl benzene, m- and p-xylene, methylene chloride,
o-xylene, styrene, tetrachloroethene, toluene, trans-1,2-dichloroethene, trichloroethene,
vinyl chloride.
(ii)
Monitor compounds--,1,1,2-Tetrachloroethane, 1,1,2,2-tetrachlorethane,
1,1-dichloroethane, 1,1-dichloropropene, 1,2,3-trichlorobenzene, 1,2,4-trichlorobenzene,
1,2-dibromo-3-chloropropane, 1,2-dibromoethane, 1,3,5-trimethylbenzene, 1,3-dichlorobenzene,
1,3-dichloropropane, 2,2-dichloropropane,2-chlorotoluene, 4-chlorotoluene,
4-isopropyltoluene, bromobenzene, bromochloromethane, Bromoform, bromomethane,
chloromethane, chloroform, chloromethane, cis-1,3-dichloropropene, dibromochloromethane,
dibromomethane, dichlorodifluoromethane, dichlorodifluoromethane, hexachlorobutadiene,
isopropylbenzene, naphthalene, n-buthybenzene, n-propylbenzene, s-butylbenzene,
t-butylbenzene, trans-1,3-dichloropropene, trichlorofluoromethane.
(iii)
In fish--1,1,1,2-Tetrachloroethane, 1,1,1-trichloroethane,
1,1,2,2-tetrachloroethane, 1,1,2-trichloroethane, 1,1-dichloroethane, 1,1-dichloroethene,
1,1-dichloropropene, 1,2,3-trichlorobenzene, 1,2,3-trichloropropane, 1,2,4-trichlorobenzene,
1,2,4-trimethylbenzene, 1,2-dibromo-3-chloropropane, 1,2-dibromoethane, 1,2-dichlorobenzene,
1,2-dichloroethane, 1,2-dichloropropane, 1,3,5-trimethylbenzene, 1,3-dichlorobenzene,
1,3-dichloropropane, 1,4-dichlorobenzene, 2,2-dichloropropane, 2-butanone,
2-chlorotoulene, 2-hexanone, 4-chlorotoluene, 4-isopropyl toluene, 4-methyl-2-pentanone,
acetone, acrylonitrile, benzene, bromobenzene, bromochloromethane, bromodichloromethane,
bromoform, bromoethane, carbon disulfide, carbon tetrachloride, chlorobenzene,
chloroethane, chloroform, chloromethane, cis-1,2-dichloroethene, cis-1,3-dichloropropene,
dibromochloromethane, dibromomethane, dichlorodifluromethane, ethyl methacrylate,
ethylbenzene, hexachlorobutadiene, iodomethane, isopropylbenzene, m- and p-xylene,
methyl methacrylate, methyl tert-butyl ether, methylene chloride, napthalene,
n-butylbenzene, n-propylbenzene, o-xylene, sec-butylbenzene, styrene, tert-butylbenzene,
tetrachloroethane, tetrahydrofuran, toluene, trans-1,2-dichloroethene, trans-1,3-dichloropropene,
trichloroethene, trichlorofluoromethane, vinyl chloride.
(iv)
Other compounds--2-Butanone (MEK), 2-hexanone, 4-methyl-2-pentanone
(MIBK), acetone, acrylonitrile, carbon disulfide, ethyl methacrylate, iodomethane,
methyl methacrylate, methyl-t-butyl ether (MTBE), tetrahydrofuran, vinyl acetate.
(c)
Determination of Fees.
(1)
The fees assessed for a public health service may not exceed
the cost to the department of providing the service.
(2)
The fees related to the certification of milk and shellfish
laboratories, training of laboratorians, testing of clinical and environmental
samples and other laboratory services shall be calculated by department staff
in accordance with paragraph (1) of this subsection.
(3)
The board may establish a fee schedule. In establishing
the schedule, the board shall consider a persons ability to pay the entire
amount of a fee. A sliding scale for fee imposition may be used on the recipient
of the service, and no one will be denied service because of an inability
to pay.
(d)
A schedule of all fees is available upon request from the
Department of State Health Services, 1100 West 49th Street, Austin, Texas
78756, (512) 458-7318. It is also available online in the manual of reference
services at http://www.dshs.state.tx.us/lab.
(e)
Payment of fees.
(1)
The department will determine whether a fee must be paid
with submission of the specimen or whether the department will bill later
for the fee unless stated otherwise in this section.
(2)
A fee paid is nonrefundable.
(f)
Failure to pay a fee in a timely manner may result in the
department's refusal to accept specimens or samples until the fee is paid.
(g)
The department shall make reasonable effort to collect
the fees, but the department may waive the collection if the administrative
cost of collection will exceed the fee.
(h)
Pursuant to Health and Safety Code, §12.035, the department
is required to deposit all money collected for fees and charges under §12.032
and §12.033 in the state treasury to the credit of the Department of
State Health Services Public Health Service Fee Fund.
§73.54.Fee Schedule for Clinical Testing and Newborn Screening.
Fees for clinical testing and newborn screening shall not exceed the
following amounts.
(1)
Human specimens.
(A)
Bacteriology.
(i)
Aerobic isolation, comprehensive--$119.
(ii)
Aerobic isolation, definitive I.D.--$35.
(iii)
Anaerobic isolation, comprehensive--$94.
(iv)
Anaerobic isolation, definitive I.D.--$35.
(v)
Bioterrorism:
(I)
culture--$119; and
(II)
smear--$19.
(vi)
Bordetella pertussis
:
(I)
culture--$138; and
(II)
molecular testing--$125.
(vii)
C. botulinum
isolation--$94.
(viii)
Diphtheria culture--$113.
(ix)
Drug susceptibility testing:
(I)
VRE (vancomycin resistant enterococcus)--$63;
(II)
VRSA (vancomycin resistant
Staphylococcus
aureus
)--$63;
(III)
MRSA (methicillin resistant
Staphylococcus aureus
)--$63;
(IV)
Neisseria gonorrhoeae
--$63;
and
(V)
One drug susceptibility testing--$63.
(x)
Enteric pathogens--$88.
(xi)
Magnetic bead enrichment for
E. coli, Enterohemorrhagic E. coli
(EHEC)--$50.
(xii)
Fecal fat screen--$9.
(xiii)
Fecal occult blood--$7.
(xiv)
Fecal WBC smear--$10.
(xv)
Genetic probe:
(I)
gonorrhea/chlamydia (GC/CT)--$31;
(II)
amplified probe for gonorrhea--$31;
(III)
amplified probe for chlamydia--$31;
(IV)
amplified probe for gonorrhea/chlamydia--$63; and
(V)
amplified probe for human papillomavirus (HPV)--$52.
(xvi)
Gram stain smear with fecal WBC--$12.
(xvii)
Identification and typing:
(I)
Immuno method,
Salmonella
and
(II)
Haemophilus influenzae
--$119;
(III)
Neisseria meningitides
--$119;
(IV)
noncomplex typing (
Vibrio
,
(V)
other complex typing--$130;
(VI)
Salmonella
--$119;
(VII)
Shigella
--$73;
(VIII)
Streptococcus
, Group
A (GAS)--$88;
(IX)
Streptococcus, typing Groups B, C, D, G--$88; and
(X)
Legionella--$88.
(xviii)
KOH exam except for skin, hair and nails--$10.
(xix)
KOH for skin, hair and nails--$10.
(xx)
Molecular studies:
(I)
pulsed-field gel electrophoresis (PFGE)--$125; and
(II)
polymerase chain reaction (PCR)--$56.
(xxi)
Mycolic acid studies--$31.
(xxii)
Neisseria gonorrhoeae
culture--$56.
(xxiii)
Pure culture identification:
(I)
aerobes--$56;
(II)
anaerobes--$100;
(III)
Campylobacter
--$69; and
(IV)
Neisseria gonorrhoeae
--$69.
(xxiv)
Routine cultures:
(I)
any source except urine--$22;
(II)
blood--$22;
(III)
stool,
Campylobacter
and
(IV)
stool,
Salmonella
and
(V)
urine--$20.
(xxv)
Streptococcus
screen--$25.
(xxvi)
Toxin studies:
(I)
Botulinum
toxin--$163;
(II)
Clostridium difficile
toxin--$21;
(III)
Shiga toxin--$94;
(IV)
Toxic Shock Syndrome Toxin-1 (TSST)--$160; and
(V)
Vibrio cholera
toxin--$88.
(xxvii)
Vibrio
culture--$88.
(xxviii)
Wet mount, vaginal--$10.
(B)
Clinical chemistry.
(i)
5'nucleotidase--$61.
(ii)
Acetone--$8.
(iii)
Albumin, serum, urine or other source--$9.
(iv)
Aldose--$52.
(v)
Alkaline phosphatase isoenzymes--$37.
(vi)
Alkaline phosphatase--$9.
(vii)
ALT (Alanine aminotransferase)--$9.
(viii)
AST (Aspartate aminotransferase)--$9.
(ix)
Amylase, serum--$11.
(x)
Ammonia--$35.
(xi)
B-12--$12.
(xii)
B-12 and folic acid--$59.
(xiii)
Bilirubin direct--$9.
(xiv)
Bilirubin, Total--$9.
(xv)
Blood typing:
(I)
ABO typing--$9;
(II)
antibody screen (blood type)--$25;
(III)
antigen typing (blood type)--$13;
(IV)
antigen titering--$13;
(V)
direct COOMBS--$54; and
(VI)
Rh typing--$13.
(xvi)
Blood Urea Nitrogen (BUN)--$7.
(xvii)
Calcium--$9.
(xviii)
Calcium-125--$42.
(xix)
Calcium, ionized--$80.
(xx)
Carbon dioxide (CO2)--$9.
(xxi)
CEA (carcinombryonic antigen)--$34.
(xxii)
Chloride, serum--$9.
(xxiii)
Chloride, urine--$10.
(xxiv)
Cholesterol:
(I)
cholesterol and high density lipoprotein (HDL)--$9; and
(II)
cholesterol only--$8.
(xxv)
Cholinesterase, RBC--$14.
(xxvi)
Creatine Kinase (CK) assay--$11.
(xxvii)
Creatine Kinase (CK) isoenzymes--$29.
(xxviii)
Creatine Kinase (CK) MB fraction--$13.
(xxix)
Creatinine assay--$9.
(xxx)
Creatinine clearance test--$16.
(xxxi)
Creatinine, urine--$9.
(xxxii)
Cortisol--$29.
(xxxiii)
Electrolyte Panel--$14.
(xxxiv)
Estradiol, serum--$49.
(xxxv)
Estradiol, free--$49.
(xxxvi)
Estrogens, total--$100.
(xxxvii)
Ferritin--$24.
(xxxviii)
Folate--$12.
(xxxix)
Folic acid, serum--$26.
(xl)
Fructosamine--$26.
(xli)
FSH (follicle stimulating hormone)--$32.
(xlii)
G-6-PD--$24.
(xliii)
Gastrin--$24.
(xliv)
GGT (gamma-glutamyl transferase--$12.
(xlv)
Glucose:
(I)
glucose, postprandial, 0 and 2 hours--$14;
(II)
glucose, random, fasting--$7;
(III)
glucose tolerance test, 1 hour--$14;
(IV)
glucose tolerance test, 2 hour--$21; and
(V)
glucose tolerance test, 3 hour--$28.
(xlvi)
Heavy metal screen, urine--$46.
(xlvii)
Hantoglobin--$25.
(xlviii)
Hemoglobin, total--$6.
(xlix)
Hemoglobin A1C--$23.
(l)
Hemoglobinopathy--$15.
(li)
Hematology:
(I)
CBC with differential--$14;
(II)
CBC complete, automated with differential--$13;
(III)
CBC complete, automated without differential--$11;
(IV)
Differential, manual--$7;
(V)
Erythropoietin--$46;
(VI)
Platelet count--$9;
(VII)
Prothrombin time--$9;
(VIII)
PTT (partial pthromoplastin time)--$11;
(IX)
Reticulocyte count--$10; and
(X)
Sedimentation rate--$6.
(lii)
Iron binding capacity--$16.
(liii)
Iron panel--$87.
(liv)
Iron, total--$11.
(lv)
Lactic acid--$74.
(lvi)
LDH (lactic acid dehydrogenase) isoenzymes--$41.
(lvii)
LDH total--$10.
(lviii)
lead, blood--$31.
(lix)
Lead screen--$11.
(lx)
Lipid profile, includes cholesterol; triglycerides; HDL;
and low-density lipoprotein (LDL)--$28.
(lxi)
LH (leutenizing hormone)--$32.
(lxii)
Lipase--$14.
(lxiii)
Liver (hepatic) function panel--$14.
(lxiv)
Magnesium--$12.
(lxv)
Osmolatity, blood--$63.
(lxvi)
Osmolaity, urine--$87.
(lxvii)
Parathyriod antibody, c-terminal, mid-mole--$92.
(lxviii)
Phenylalanine--$38.
(lxix)
Phosphorus--$9.
(lxx)
Phosphorus, urine--$9.
(lxxi)
Potassium, urine--$9.
(lxxii)
Pregnancy test, serum--$13.
(lxxiii)
Pregnancy test, urine (HCG-qualitative)--$13.
(lxxiv)
Prolactin--$34.
(lxxv)
Protein, total--$7.
(lxxvi)
Protein, total, 24 hour--$10.
(lxxvii)
PSA (Prostatic specific antigen)--$26.
(lxxviii)
Rheumatoid factor--$10.
(lxxix)
Serum, protein electrophoresis--$24.
(lxxx)
Sodium--$9.
(lxxxi)
T3 (Tri-iodothyronine) uptake--$11.50.
(lxxxii)
T3, reverse--$45.
(lxxxiii)
T3, total--$45.
(lxxxiv)
Testosterone, total--$51.
(lxxxv)
Thyriod peroxidate AB--$37.
(lxxxvi)
Thyroxin, T4, total--$12.
(lxxxvii)
Transferrin--$42.
(lxxxviii)
Triglycerides--$10.
(lxxxix)
Uric acid--$8.
(xc)
Urinalysis with microscopic--$9.
(xci)
Urinalysis without microscopic--$7.
(xcii)
Urinalysis, auto, without microscopic--$9.
(xciii)
Valprroic acid--$31.
(xciv)
VMA, (vanillylmandelic acid)--$39.
(C)
Cytology:
(i)
Fine needle aspiration, evaluation--$100;
(ii)
Liquid based pap smear--$33;
(iii)
Non-Gyn, smear, routine--$56;
(iv)
Pap smear--$12;
(v)
Pap smear with hormone evaluation--$112;
(vi)
Pap smear, pathologist--$12; and
(vii)
Pneumocystis, over 5 slides--$112.
(D)
DNA (Deoxyribonucleic acid) analysis:
(i)
Beta-Globin 6 mutation panel (HbS, HbC, Hb E, HbD, Beta-Thalassemias-29
and -88)--$150;
(ii)
Beta-Globin 5 mutation panel (HbS, HbC, Hb E, Beta-Thalassemias-29
and -88)--$138;
(iii)
Hemoglobin S and C mutation Test--$88;
(iv)
Hemoglobin E mutation test--$88;
(v)
Beta-Thalassemia-29 and--88 mutation test--$100;
(vi)
Beta-Thalassemia-29 mutation test--$63;
(vii)
Beta-Thalassemia-88 mutation test--$63;
(viii)
Hemoglobin D mutation test--$63;
(ix)
Beta-Globin sequencing (from 105 of cap site to IVS-1-60)--$188;
(x)
Beta-Globin sequencing (from 105 of cap site to IVS-1-60)
added to another test--$100;
(xi)
Galactosemia--$506;
(xii)
Galactosemia, DNA carrier analysis of family member--$206;
(xiii)
Phenylketonuria--$600; and
(xiv)
Phenylketonuria, DNA carrier analysis of family member--$206.
(E)
Drugs:
(i)
Amikacin level--$155;
(ii)
Blood alcohol--$19;
(iii)
DHEAs--$82;
(iv)
Dioxin drug level--$23;
(v)
Dilantin (phenytoin) drug level--$23;
(vi)
Drugs of abuse screens, urine:
(I)
1 drug--$19;
(II)
3 drugs--$58; and
(III)
7 drugs--$135.
(vii)
Gentamicin level--$29;
(viii)
Insulin level--$20;
(ix)
Isoniazid (INH), urine test, qualitative--$62;
(x)
Lithium level--$13;
(xi)
Phenobarbital level--$20;
(xii)
Procainamide, NAPA drug level--$66;
(xiii)
Quinidine level--$25;
(xiv)
Salicylate level--$18;
(xv)
Tegretol (Carbemazepine) level--$17;
(xvi)
Theophylline (aminophylline) level--$25;
(xvii)
Tobramycin level--$29; and
(xviii)
Vancomycin level--$31.
(F)
Genetics:
(i)
alpha fetoprotein (AFP)--$31;
(ii)
ß-human chorionic gonadotropin (ß-HCG)--$16;
(iii)
unconjugated estriol-3 (UE3)--$22; and
(iv)
triple screen, includes ß-HCG, UE3, and AFP--$63.
(G)
Mycobacteriology/mycology.
(i)
Acid fast bacillus (AFB):
(I)
amplification only--$69;
(II)
concentration, any source--$12;
(III)
culture, any source--$26;
(IV)
culture probe only--$44;
(V)
drug susceptibility studies:
(-a-)
direct susceptibility, each drug--$10;
(-b-)
disk method--$23;
(-c-)
indirect susceptibility, each drug--$10;
(-d-)
level 1 drugs:
(-1-)
Ciprofloxacin--$100;
(-2-)
Ethionamide--$100;
(-3-)
Isoniazid--$100;
(-4-)
Ofloxacin--$100;
(-5-)
PAS (p-aminosalicylic acid)--$100;
(-6-)
Pyrazinamide--$100; and
(-7-)
Rifampin--$100.
(-e-)
level 2 drugs:
(-1-)
Azithromycin--$100;
(-2-)
Clofazamine--$100;
(-3-)
Cycloserine--$100;
(-4-)
Ethambutol--$100;
(-5-)
Kanamycin--$100; and
(-6-)
Streptomycin--$100.
(-f-)
level 3 drug, Capreomycin--$100;
(-g-)
MIC (minimum inhibitory concentration)--$35;
(-h-)
primary panel--$75; and
(-i-)
secondary panel--$163.
(VI)
identification, referred isolates--$31;
(VII)
smear and culture--$56; and
(VIII)
smear only--$19.
(ii)
Direct High Performance Liquid Chromatography (HPLC)--$31.
(iii)
Fungus:
(I)
reference:
(-a-)
culture--$75;
(-b-)
identification--$69;
(-c-)
identification, gen probe--$51; and
(-d-)
probe only--$44.
(II)
clinical:
(-a-)
culture, fungi, blood (isolation and presumptive I.D.)--$21;
(-b-)
culture, fungi, definitive I.D., mold--$25;
(-c-)
culture, fungi, definitive I.D., yeast--$25;
(-d-)
culture, fungi, other source except blood, isolation
and presumptive I.D.--$20;
(-e-)
culture, fungi, skin, hair, nails, isolation and presumptive
I.D.--$19;
(-f-)
India ink smear--$15; and
(-g-)
PAS, fungal smear--$17.
(iv)
M. kansasii
susceptibility,
Rifampin--$13.
(H)
Newborn screening test kit, including screening panel--$40.
(Fees are based on the newborn screening test kits described in §73.21
of this title (relating to Newborn Screening), which includes the costs of
the screening panel.)
(I)
Parasitology.
(i)
Blood/tissue parasites--$156.
(ii)
Cryptosporidium
preparation
acid fast smear--$12.
(iii)
Cryptosporidium screen, stool
--$13.
(iv)
Intestinal parasites--$119.
(v)
Parasite culture--$169.
(vi)
Pinworm swab--$31.
(vii)
Worm identification--$44.
(J)
Serology.
(i)
Amoebic antibody--$31.
(ii)
Anti-DNA, double stranded--$34.
(iii)
ANA (antinuclear antibody)--$28.
(iv)
Arbovirus:
(I)
immunoglobulin G (IgG)--$63;
(II)
immunoglobulin M (IgM)-$88; and
(III)
panel--$150.
(v)
Aspergillus
--$31.
(vi)
ASO (antistreptolysin O)--$21.
(vii)
ASO (antistreptolysin O) titer--$21.
(viii)
Brucella
--$16.
(ix)
C4 Complement, quantitative--$29.
(x)
Cat scratch fever (
Bartonella
)--$50.
(xi)
CH 50 Complement, total qualitative--$29.
(xii)
C-reactive protein, quantative--$11.
(xiii)
Culture typing, immunofluorescent method--$12.
(xiv)
Cytomegalovirus (CMV):
(I)
IgG--$38;
(II)
IgM--$44; and
(III)
panel--$44.
(xv)
Epstein-Barr panel--$156.
(xvi)
Epstein-Barr virus antibody--$63.
(xvii)
Erlichia
--$50.
(xviii)
FTA (fluorescent triponemal antibody) only--$38.
(xix)
Fungus:
(I)
identification--$69; and
(II)
panel--$88.
(xx)
Hantavirus, IgG/IgM--$94.
(xxi)
Heliobacter pylori
--$48.
(xxii)
Hepatitis A:
(I)
IgM--$56; and
(II)
total--$13.
(xxiii)
Hepatitis B:
(I)
core total antibody--$38;
(II)
core IgM antibody--$56;
(III)
surface antibody (Ab)--$19; and
(IV)
surface antigen (Ag)--$20.
(xxiv)
Hepatitis B e Ab--$25.
(xxv)
Hepatitis B e Ag--$19.
(xxvi)
Hepatitis C (HCV)--$15.
(xxvii)
Hepatitis C (RIBA)--$175.
(xxviii)
Acute (comprehensive) hepatitis panel--$63.
(xxix)
Herpes test, rapid method--$31.
(xxx)
HSV (Herpes Simplex Virus) I, IgG AB--$128.
(xxxi)
HSV I and II, IgG AB--$128.
(xxxii)
HSV IgM AB with reflex titer--$128.
(xxxiii)
HSV II IgG AB--$128.
(xxxiv)
Human immunodeficiency virus (HIV):
(I)
confirmation--$44;
(II)
oral HIV, Orasure--$62;
(III)
screen--$13; and
(IV)
viral load--$175.
(xxxv)
HIV/HCV panel--$28.
(xxxvi)
Immunoglobulins, quantitative, IgG, IgA, IgM--$54.
(xxxvii)
Legionella
--$69.
(xxxviii)
Lyme (
Borrelia
) IgG/IgM
panel--$60.
(xxxix)
Malaria antibody--$31.
(xl)
Miscellaneous serological tests--$38.
(xli)
Mononucleosis screen--$18.
(xlii)
Mumps:
(I)
IgG--$38; and
(II)
IgM--$38.
(xliii)
Mycoplasma antibody panel--$26.
(xliv)
Parvovirus B-19, IgG/IgM--$75.
(xlv)
Plague (
Yersinia
)--$19.
(xlvi)
Q-fever--$63.
(xlvii)
Rheumatoid factor--$11.
(xlviii)
Rickettsia
Panel--$69.
(xlix)
Rickettsia/Ehrlichia
Panel--$119.
(l)
RPR (rapid plasma reagent test)--$6.00.
(li)
RPR/syphilis confirmation--$16.
(lii)
Rubella:
(I)
IgG--$19;
(II)
IgM--$38; and
(III)
screen--$9.00.
(liii)
Rubeola:
(I)
IgG--$38; and
(II)
IgM--$44.
(liv)
Toxoplasmosis:
(I)
IgG--$50; and
(II)
IgM--$50.
(lv)
Tularemia (
Francisella
)--$56.
(lvi)
Varicella zoster
--$56.
(lvii)
VDRL (venereal disease research laboratory) test--$28.
(K)
Surgical pathology:
(i)
Level I, Global--$24;
(ii)
Level II, Global--$60;
(iii)
Level III, Global--$74;
(iv)
Level IV, Global--$112;
(v)
Level V, Global--$156; and
(vi)
Level VI, Global--$227.
(L)
Virology.
(i)
Chlamydia
culture--$100.
(ii)
Dengue
isolation--$100.
(iii)
Electron microscope studies only--$356.
(iv)
Herpes simplex isolation--$106.
(v)
Influenza:
(I)
surveillance--$156; and
(II)
subtyping--$131.
(vi)
Virus:
(I)
viral detection by PCR--$125;
(II)
virus identification on submitted isolate (reference specimen)--$313;
and
(III)
virus isolation, comprehensive--$263.
(2)
Non-human specimens.
(A)
Bacteriology.
(i)
Environmental:
(I)
Swabs--$31;
(II)
Legionella
--$88;
(III)
bioterrorism--$250;
(IV)
bioterrorism smear--$19;
(V)
thermometer calibration--$38; and
(VI)
weight calibration--$38.
(ii)
Food.
(I)
Bioterrorism--$250.
(II)
Botulism (
C. botulinum
)--$150.
(III)
Pathogen panel:
(-a-)
basic--$144; and
(-b-)
complex--$350;
(IV)
Single organism--$56.
(V)
Standard plate count--$31.
(VI)
Toxin--$56.
(iii)
Milk and dairy products.
(I)
Dairy, cultured--$44.
(II)
Ice cream--$88.
(III)
Milk:
(-a-)
pasteurized milk panel--$119;
(-b-)
raw milk panel--$150; and
(-c-)
single test--$88.
(iv)
Seafood:
(I)
brevitoxin--$250;
(II)
fecal coliform--$50;
(III)
standard plate count--$44; and
(IV)
Vibrios
--$75.
(v)
Water.
(I)
Bay waters--$38.
(II)
Coliform:
(-a-)
fecal--$38; and
(-b-)
coliform, total--$50.
(III)
Potable water--$31.
(IV)
Reagent water suitability--$113.
(B)
Entomology.
(i)
Insect examination, Chaga's disease--$31.
(ii)
Insect identification--$25.
(iii)
Mosquito identification:
(I)
adult, per carton--$63; and
(II)
larvae, per vial--$56.
(C)
Parasitology. Water filter examination--$219.
(D)
Serology.
(i)
Arbovirus, equine, includes western equine encephalitis
(WEE); eastern equine encephalitis (EEE); and west nile virus (WNV)--$63.
(ii)
Hantavirus, animal--$94.
(iii)
Plague (
Yersinia
), animal--$19.
(E)
Virology.
(i)
Arbovirus isolation:
(I)
avian--$44; and
(II)
mosquito--$75; and
(III)
equine--$44.
(ii)
Arbovirus PCR:
(I)
avian--$313; and
(II)
mosquito--$313.
(iii)
Rabies testing--$81.
(iv)
Rabies virus typing:
(I)
molecular--$156; and
(II)
monoclonal--$44.
(3)
Handling fees.
(A)
Clinical specimens and environmental samples--$38; and
(B)
Pathogenic agents--$75.
(4)
Service charges.
(A)
A service charge of $15 will be added for work performed
after hours (Monday-Friday 5:30 p.m. to 6:00 a.m. and Saturday and Sundays
12:00 p.m. to 7:00 a.m.).
(B)
An additional charge of $15 will be added for after hours
STAT analysis.
(C)
A fee not to exceed $5 will be charged for venipuncture.
§73.55.Fee Schedule for Chemical Analyses.
Fees for chemical analyses and physical testing shall not exceed the
following amounts.
(1)
The following fees apply to the analysis of organic compounds
in air:
(A)
formaldehyde, National Institute Of Occupational Safety
and Health (NIOSH) methods--$163;
(B)
pesticides, NIOSH method--$200; and
(C)
VOCs, NIOSH method--$186.
(2)
The following fees apply to the analysis of drinking water
(including bottled water) samples.
(A)
Inorganic parameters.
(i)
Individual tests:
(I)
alkalinity, total and phenolphthalein, Standard Methods
(SM), 18th edition, 2320B--$29;
(II)
ammonia, SM, 20th edition, 4500-NH3G--$35;
(III)
bicarbonate-carbonate, with alkalinity, SM, 18th edition,
2320B--$19;
(IV)
bicarbonate-carbonate, without alkalinity, SM, 18th edition,
2320B--$29;
(V)
bromate, Environmental Protection Agency (EPA) method 300.1--$69;
(VI)
bromide, EPA method 300.0--$31;
(VII)
carbon, total organic, SM, 18th edition, 5310C--$54;
(VIII)
chlorate, EPA method 300.0--$69;
(IX)
chloride, EPA method 300.0--$24;
(X)
chlorine, SM, 19th edition, 4500-Cl F--$25;
(XI)
chlorine dioxide, SM, 19th edition, 4500-ClO2 B--$100;
(XII)
chlorite, EPA method 300.0--$69;
(XIII)
chloramines, SM, 19th edition, 4500-ClO2 D--$25;
(XIV)
color, SM, 18th edition, 2120B--$30;
(XV)
conductivity, SM, 18th edition, 2510B--$24;
(XVI)
cyanide, total, SM, 18th edition, 4500 CN-B+C+E--$69;
(XVII)
fluoride, EPA method 300.0--$24;
(XVIII)
nitrate and nitrite as nitrogen, EPA method 353.2--$28;
(XIX)
nitrate as nitrogen, EPA method 353.2--$28;
(XX)
nitrite as nitrogen, EPA method 353.2--$28;
(XXI)
odor, EPA method 140.1, 2150B--$63;
(XXII)
perchlorate, EPA method 314.0--$69;
(XXIII)
perchlorate, Unregulated Contamination Monitoring Regulation
(UCMR), EPA method 314.0--$76;
(XXIV)
pH, EPA method 150.1--$24;
(XXV)
phenolics, total recoverable, EPA method 420.1--$60;
(XXVI)
silica, dissolved, SM, 18th edition, 4500Si F--$30;
(XXVII)
solids, suspended, volatile or fixed, SM, 18th edition,
2540G--$39;
(XXVIII)
solids, total dissolved, determined, SM, 18th edition,
2540C--$39;
(XXIX)
solids, total suspended, SM, 18th edition, 2540D--$39;
(XXX)
sulfate, EPA method 300.0--$24; and
(XXXI)
turbidity, EPA method 180.1--$25.
(ii)
Routine water mineral group, EPA methods 150.1, 300.0,
and 353.2, and SM, 18th edition, 2320B, 2510B, and 2540C--$214.
(B)
Metals analysis. A preparation fee applies to all drinking
water samples analyzed by inductively coupled plasma (ICP) or by inductively
coupled plasma-mass spectrometry (ICP-MS) with turbidity greater than or equal
to 1 Nephelometric Turbidity Unit (NTU) or that contains visible particles.
The total analysis cost includes the per-element or per-group fee and any
required sample preparation fee.
(i)
Sample preparation fee, total recoverable metals digestion,
EPA method 200.2--$36.
(ii)
Per-element analysis fees:
(I)
mercury, EPA method 245.1--$31;
(II)
single ICP, EPA method 200.7--$24; and
(III)
single ICP-MS, EPA method 200.8--$31.
(iii)
Group fees:
(I)
all metals drinking water group, EPA methods, 200.7, 200.8,
and 245.1 and SM 19th edition 2340B--$330;
(II)
ICP/ICP-MS metals drinking water group, EPA methods 200.7
and 200.8 and SM 19th edition 2340B--$238;
(III)
lead/copper, EPA method 200.8--$30;
(IV)
hardness, SM, 19th edition 2340B--$38; and
(V)
reagent water metal suitability group, EPA methods 200.7
and 200.8--$145.
(C)
Organic compounds:
(i)
chlorinated pesticides and PCBs in drinking water, EPA
method 508--$258;
(ii)
chlorophenoxy herbicides, EPA method 515.4--$275;
(iii)
diquat and paraquat EPA method 549--$303;
(iv)
ethylene dibromide (EDB) and dibromochloropropane (DBCP),
EPA method 504.1--$195;
(v)
endothall, EPA method 548.1--$446;
(vi)
glyphosate, EPA method 547--$211;
(vii)
haloacetic acids and dalapon, EPA method 552.2--$275;
(viii)
chlorinated disinfection-by-products (haloacetonitriles)
EPA method 551.1--$235;
(ix)
methylcarbamoyloximes and n-methylcarbamates (carbamate)
pesticides, EPA method 531.1--$250;
(x)
organochlorine pesticides, EPA method 508--$230;
(xi)
PCB screening by perchlorination, EPA method 508A--$366;
(xii)
semi-volatile organic compounds, EPA method 525.2--$360;
(xiii)
trihalomethanes, EPA method 502.2--$84;
(xiv)
trihalomethanes, EPA method 524.2--$84; and
(xv)
VOCs, EPA method 524.2--$183.
(D)
Radiochemicals:
(i)
gross alpha and beta, EPA method 900.0--$113;
(ii)
gross alpha or beta, EPA method 900.0--$100;
(iii)
gamma emitting isotopes, EPA method 901.1--$94;
(iv)
radium-226, EPA method 903.1--$83;
(v)
radium-228, EPA method 904.0--$118;
(vi)
strontium-89 or 90, EPA method 905.0--$126;
(vii)
thorium isotopes, DOE-RESL A-20 Alpha Spectrometry--$90;
(viii)
tritium, EPA method 906.0--$64;
(ix)
uranium isotopes, DOE-RESL A-20 Alpha Spectrometry--$95;
and
(x)
composite/storage fee--$19.
(3)
The following fees apply to the analysis of food and food
products.
(A)
Inorganic analyses:
(i)
added water, AOAC calculation--$16;
(ii)
deterioration, canned products, AOAC chart--$30;
(iii)
fat, paly screen, AOAC method 46.616--$44;
(iv)
fat, soxhlet extraction, USDA method Fat-1--$101;
(v)
filth, AOAC method 941.16--$44;
(vi)
insect identification, Food and Drug Administration (FDA)
Technical Bulletin #2--$44;
(vii)
meat protein, AOAC calculation--$19;
(viii)
moisture (total water), USDA M01 method--$21;
(ix)
pH of food products, AOAC method 981.12--$25;
(x)
protein, total, USDA protein block digestion--$73;
(xi)
salt, USDA method SLT--$131;
(xii)
soy protein concentrate, USDA SOY1 method--$80; and
(xiii)
water activity, AOAC method 978.18--$44.
(B)
Metals analyses. A sample preparation fee applies to all
food samples analyzed by FLAA, GFAA, GHAA, ICP or ICP-MS techniques. The total
analysis fee includes the sample preparation fee and the per-element fee.
The fee for analysis of multiple metals by a single method includes a single
sample preparation fee and the appropriate per-element fees.
(i)
Sample preparation fee--total recoverable metals digestion,
EPA methods 200.2, 200.3, or SW-846 method 3050B--$46.
(ii)
Per-element fees:
(I)
mercury, EPA methods 245.1, 245.5, and 245.6, and SW-846
methods 7470A and 7471A--$40;
(II)
single metal, FLAA or ICP, EPA 200 series methods and
EPA SW-846 methods 6010 or 7000 series--$24;
(III)
single metal, GFAA or GHAA, EPA 200 series methods and
EPA SW 846 methods 7000 series, and SM, 18th edition, 3114--$38; and
(IV)
single metal, ICP-MS, EPA method 200.8, EPA SW-846 method
6020--$31.
(4)
The following fees apply to the analysis of soil and solids:
(A)
Metals analysis. A sample preparation fee applies to the
analysis of all solid (soil, sediment, etc.) samples. The total cost of the
analysis will be the sample preparation fee plus the per-element fee. The
fee for analysis of multiple metals by a single method includes a single sample
preparation fee and the appropriate per-element fees.
(i)
Sample preparation fee--acid digestion of sediments, sludges,
and soils, EPA SW-846 Method 3050B--$44.
(ii)
Per-element fee:
(I)
lead in paint by FLAA--$44;
(II)
lead in pottery leachate by FLAA--$33;
(III)
lead and cadmium in pottery leachate by FLAA--$59;
(IV)
lead in soil by FLAA--$46;
(V)
lead in solids by FLAA--$44;
(VI)
mercury, sediment, EPA method 245.5 and EPA SW-846 method
7471A--$40;
(VII)
non-routine single metal, EPA 200 series methods and
EPA SW-846 methods: 6010B, 6020, and 7000's--$60;
(VIII)
silver, EPA method 200.7, and EPA SW-846 methods 6010B,
7760A, and 7761--$60;
(IX)
single metal, FLAA or ICP, EPA 200 series methods, 200.7,
and EPA SW-846 6010B and 7000 series methods--$26;
(X)
single metal, graphite furnace atomic absorption spectrometry
(GFAA) or gas hydride atomic absorption spectrometry (GHAA), EPA 200 series
methods and EPA SW-846 methods 7000 series, 7062, and 7742, and SM, 18th edition,
3114--$38; and
(XI)
single metal, ICP-MS, EPA method 200.8 and EPA SW-846
method 6020--$31.
(B)
Radiochemistry:
(i)
alpha spectrometry preparation, DOE-RESL A-20 Pyrosulfate
Fusion--$154;
(ii)
gross alpha and beta, EPA method 900.0--$101;
(iii)
gross alpha or beta, EPA method 900.0--$81;
(iv)
gamma emitting isotopes, EPA method 901.1--$140;
(v)
plutonium isotopes, DOE-RESL A-20 Alpha Spectrometry--$90;
(vi)
radium-226, DOE-RESL A-20/EPA method 903.1--$133;
(vii)
radium-228, DOE-RESL A-20/EPA method 904.0--$110;
(viii)
strontium-89 or 90, EPA method 905.0--$147;
(ix)
thorium isotopes, DOE-RESL A-20 Alpha Spectrometry--$88;
(x)
tritium, EPA method-Azeotopic Distillation--$99; and
(xi)
uranium isotopes, DOE-RESL A-20 Alpha Spectrometry--$86.
(5)
The following fees apply to the analysis of tissue and
vegetation samples. A tissue preparation (homogenization) fee applies to all
seafood tissue samples analyzed for organic compounds and/or metals. The total
analysis cost includes the tissue preparation fee, any analyte specific sample
preparation fee, and the per-element or per-group test fee.
(A)
Tissue preparation fees:
(i)
fillets, EPA method 200.3--$46; and
(ii)
whole fish and crabs, EPA method 200.3--$80.
(B)
Metals analyses. A sample preparation fee applies to all
tissue samples analyzed by ICP or ICP-MS. The total analysis cost includes
the per-element or per-group fee plus any required sample preparation fee:
(i)
sample preparation fee--total recoverable metals digestion,
EPA method 200.3--$46.
(ii)
per-element fees:
(I)
mercury, EPA method 245.6--$40;
(II)
single metal, FLAA or ICP, EPA 200 series methods, 200.7,
or EPA SW-846 methods 6010B, or 7000's--$24;
(III)
single metal, GFAA or GHAA, EPA 200 series, methods and
EPA SW-846 methods 7000 series, 7062, and 7742, and SM, 18th edition, 3114--$38;
(IV)
single metal, ICP-MS, EPA method 200.8, EPA SW-846 method
6020--$31; and
(iii)
fish tissue (includes per group fee and total recoverable
metals digestion fee)--$283.
(C)
Organic analyses. The organic analysis fee includes any
required sample cleanup procedures:
(i)
organochlorine pesticides and PCB's, fish fillets, PAM
304 E1 and EPA SW-846 methods 8081A--$1015;
(ii)
organochlorine pesticides and PCB's, whole fish, PAM 304
E1 and EPA SW-846 methods 8081A--$1206;
(iii)
semi-volatile organic compounds by gas chromatography/mass
spectrometry (GC/MS), fish, JAOAC method and EPA SW-846 methods 3540C and
8270C--$648;
(iv)
VOCs, GC/MS, fish, JAOAC method 64;653:ff and EPA SW-846
method 8260B--$311; and
(v)
organochlorine pesticides in vegetables by Gas Chromatography
(GC)--$755.
(D)
Radiochemistry:
(i)
alpha spectrometry preparation, DOE-RESL A-20 Pyrosulfate
Fusion--$154;
(ii)
gamma emitting isotopes, EPA method 901.1--$138;
(iii)
gross alpha and beta, EPA method 900.0--$111;
(iv)
gross alpha or beta, EPA method 900.0--$81;
(v)
plutonium isotopes, DOE-RESL A-20 Alpha Spectrometry--$90;
(vi)
radium-226, DOE-RESL A-20/EPA method 903.1--$136;
(vii)
strontium-89 or 90, EPA method 905.0--$149;
(viii)
thorium isotopes, DOE-RESL A-20 Alpha Spectrometry--$88;
(ix)
tritium, EPA Method 906.0 Azeotopic Distillation--$99;
and
(x)
uranium isotopes, DOE-RESL A-20 Alpha Spectrometry--$85.
(6)
The following fees apply to the analysis of water and wastewater.
(A)
Inorganic parameters:
(i)
odor, EPA method 140.1--$65; and
(ii)
phenolics, total recoverable, EPA method 420.1--$60.
(B)
Metals analysis. The following sample preparation fees
apply to the analysis of water and/or wastewater samples. The total cost of
the analysis will be the required sample preparation fee plus the per-element
fee. The fee for analysis of multiple metals by a single method includes a
single sample preparation fee and the appropriate per-element fees.
(i)
Sample preparation fees:
(I)
total recoverable metals digestion, EPA method 200.2 and
EPA SW-846 methods 3005A, 3010A, and 3020A--$38; and
(II)
filtration (dissolved metals), EPA SW-846 method 3005A--$26.
(ii)
Per-element fees:
(I)
mercury, EPA method 245.1 and EPA SW-846 method 7470A--$40;
(II)
silver (includes separate digestion), EPA method 200.7
and EPA SW-846 methods 6010B, 7760A, and 7761--$54;
(III)
single metal, FLAA or ICP, EPA method 200.8, 200.7 and
EPA SW-846 methods 6010B, and 7000 series--$24;
(IV)
single metal, GFAA or GHAA, EPA method 200 series and
EPA SW-846 methods 7000 series, 7062, and 7742, and SM, 18th edition, 3114--$38;
and
(V)
single metal, ICP-MS, EPA method 200.8, and EPA SW-846
method 6020--$31.
(C)
Radiochemistry:
(i)
alpha spectrometry preparation, DOE-RESL A-20 Pyrosulfate
Fusion--$165;
(ii)
gross alpha and beta, EPA method 900.0--$113;
(iii)
gross alpha or beta, EPA method 900.0--$100;
(iv)
gamma emitting isotopes, EPA method 901.1--$94;
(v)
plutonium, isotopes, DOE-RESL A-20 Alpha Spectrometry--$90;
(vi)
radium-226, EPA method 903.1--$101;
(vii)
radium-228, EPA method 904.0--$85;
(viii)
strontium-89 or 90, EPA method 905.0--$126;
(ix)
thorium isotopes, DOE-RESL A-20 Alpha Spectrometry--$88;
(x)
tritium, EPA method 906.0--$64; and
(xi)
uranium isotopes, DOE-RESL A-20 Alpha Spectrometry--$90.
(7)
The following fees apply to the analysis of wipes/filters/cartridges.
(A)
Lead analysis, FLAA--$40.
(B)
Radiochemistry:
(i)
alpha spectrometry preparation, DOE-RESL A-20 Pyrosulfate
Fusion--$154;
(ii)
carbon-14, Liquid Scintillation--$145;
(iii)
gross alpha and beta, EPA method 900.0--$65;
(iv)
gross alpha or beta, EPA method 900.0--$50;
(v)
gamma emitting isotopes, EPA method 901.1--$80;
(vi)
plutonium isotopes, DOE-RESL A-20 Alpha Spectroscopy--$90;
(vii)
radium-226, DOE-RESL A-20/EPA method 903.1--$136;
(viii)
strontium-89 or 90 EPA method 905.0--$148;
(ix)
thorium isotopes, DOE-RESL A-20 Alpha Spectroscopy--$88;
(x)
tritium, Azeotopic Distillation--$64; and
(xi)
uranium isotopes, DOE-RESL A-20 Alpha Spectroscopy--$85.
(8)
Identification of feces and urine stains:
(A)
identification of feces stains, AOAC method 981.22--$159;
and
(B)
identification of urine stains, AOAC methods 963.28, and
959.14--$44.
(9)
Additional charges.
(A)
Analysis of trip and field blank samples will be billed
at the same rate as the requested sample analysis.
(B)
If the submitter requires specific samples within their
batch to be analyzed and reported as laboratory fortified matrix (FM) or matrix
spike (MS), and laboratory fortified matrix duplicate (LFMD) or matrix spike
duplicate (MSD), a fee for two additional samples will be charged.
(C)
A fee of $8 per sample will be charged for samples submitted
but not analyzed at the submitters request, including samples on hold, and
then voided.
(D)
The preparation fee (or 20% of the analysis fee if there
is no separate preparation fee) will be charged for any sample prepared but
not analyzed at the clients request.
(E)
A fee equal to 3% of the analysis fee will be charged for
a summary of the quality control data routinely generated during the analysis.
This summary may include data for method blanks, duplicate, matrix spike recovery,
laboratory control samples, and surrogate recovery.
(F)
Additional copies of reports and raw data packages will
be provided at a cost of $0.10 per page for each request in excess of 50 pages.
An additional fee of $15 will be charged for each hour in excess of one hour
to prepare the request.
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 March 27, 2006.
TRD-200601824
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: April 16, 2006
Proposal publication date: October 14, 2005
For further information, please call: (512) 458-7111 x6972
25 TAC §73.25
STATUTORY AUTHORITY
The repeal is authorized under Health and Safety Code, §§12.031
and 12.032, which allow the department to charge fees to a person who receives
public health services from the department, §12.034, which requires the
department to establish collection procedures, §12.035, which requires
the department to deposit all money collected for fees and charges under §§12.032
and 12.033 in the state treasury to the credit of the department's public
health service fee fund, and §12.0122, which allows the department to
enter into a contract for laboratory services; and Government Code, §531.0055,
and Health and Safety Code, §1001.075, which authorize the Executive
Commissioner of the Health and Human Services Commission to adopt rules and
policies necessary for the operation and provision of health and human services
by the department and for the administration of Health and Safety Code, Chapter
1001.
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 March 27, 2006.
TRD-200601825
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: April 16, 2006
Proposal publication date: October 14, 2005
For further information, please call: (512) 458-7111 x6972
Subchapter E. DOG AND CAT STERILIZATION
25 TAC §169.102
The Executive Commissioner of the Health and Human Services
Commission (commission) on behalf of the Department of State Health Services
(department) adopts an amendment to §169.102, concerning the Department
of State Health Services Animal Friendly Grants with a change to the proposed
text as published in the September 23, 2005, issue of the
Texas Register
(30 TexReg 6029).
BACKGROUND AND PURPOSE
The amendment is necessary to comply with Government Code, Chapter 828,
Subchapter E, "Dog and Cat Sterilization," which requires the department to
make grants to eligible organizations for the purpose of providing low-cost
dog and cat sterilization to the general public.
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). Section 169.102
has been reviewed and the department has determined that reasons for adopting
the section continue to exist because a rule on this subject is needed.
SECTION-BY-SECTION SUMMARY
An amendment to §169.102 is necessary to comply with the mandated
four-year rule review, update the legacy agency name, change the program name
to the "Zoonosis Control Branch" instead of "Zoonosis Control Group", and
to replace the word "surgery" with "sterilization".
COMMENTS
The department, on behalf of the commission, did not receive any comments
regarding the proposed rule during the comment period.
DEPARTMENT COMMENTS
The department, on behalf of the commission, did not receive any public
comments concerning the proposal during the comment period. However, the department
staff on behalf of the commission provided comments and the commission has
reviewed and agrees to the following changes that will delete outdated references.
Change: Concerning §169.102(g)(2), the program name has been changed
from "Zoonosis Control Group" to "Zoonosis Control Branch".
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adoption has been reviewed by legal counsel and found to
be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The amendment is adopted under the Health and Safety Code, §828.014,
which provides the department with the authority to make grants to eligible
organizations for the purpose of providing low-cost dog and cat sterilization
to the general public; and Government Code, §531.0055, and Health and
Safety Code, §1001.075, which authorize the Executive Commissioner to
adopt rules and policies necessary for the operation and provision of health
and human services by the department, and for the administration of Health
and Safety Code, Chapter 1001.
§169.102.Department of State Health Services Animal Friendly Grants.
(a)
Purpose.
(1)
As authorized by the Texas Health and Safety Code, §828.014,
relating to the Animal Friendly Fund, the department shall institute and administer
grants under this subchapter.
(2)
The grants shall be known as a part of the "Department
of State Health Services Animal Friendly Grants."
(3)
This subchapter governs the administration of the grants,
the submission and review of grant applications, and the award of the grants.
(b)
Definitions. The following words and terms, when used in
this subchapter, shall have the following meanings unless the context clearly
indicates otherwise.
(1)
Closing date--Date specified in the request for proposals
as the date on which applications must be received or postmarked.
(2)
Department--Department of State Health Services.
(3)
Local non-profit veterinary medical association--An organization
set up by and comprised of several volunteer veterinarians in their immediate
region for the purpose of presenting continuing education, planning group
activities, or discussing issues common to their professional field.
(4)
Nonprofit organization--A private, nonprofit, tax-exempt
corporation, association or organization under Internal Revenue Code of 1986, §501(c)(3)
(26 United States Code §501(c)(3)).
(5)
Owner--A person which feeds, shelters, harbors, has possession
or control, or has the responsibility to control an animal.
(c)
Philosophy.
(1)
The intent of the grants is to increase the sterilization
of dogs and cats owned by the general public at minimal or no cost.
(2)
Grant funds will not be used to:
(A)
augment a releasing agency's adoption sterilization program;
or
(B)
fund programs that do not operate within the State of Texas.
(3)
One grant per grant period will be awarded per agency for
the sterilization of dogs and/or cats.
(4)
Efforts will be made to distribute funds to all areas of
the state.
(d)
Sources and Allocation of Funds.
(1)
Funds for the grants shall be provided in accordance with
the Health & Safety Code, §828.014, relating to the Animal Friendly
account.
(2)
All grants shall be awarded competitively according to
the provisions of this subchapter.
(3)
Grants shall be made only to the extent that funds are
available in the Animal Friendly fund.
(4)
The department shall have the authority and discretion
to:
(A)
determine the purpose(s) of the grants pursuant to law
and this subchapter;
(B)
approve or deny grant applications;
(C)
determine the number, size and duration of grants; and
(D)
modify or terminate grants.
(5)
The department shall not be liable, nor shall grant funds
be used, for any costs incurred by applicants in the development, preparation,
submission, or review of applications.
(e)
Eligibility for Grants. Eligible applicants include:
(1)
a releasing agency;
(2)
an organization that is qualified as a charitable organization
under the Internal Revenue Code, §501(c)(3), that has animal welfare
or sterilizing animals owned by the general public at minimal or no cost as
its primary purpose; or
(3)
a local nonprofit veterinary medical association that has
an established program for sterilizing animals owned by the general public
at minimal or no cost.
(f)
Requirements for Grants.
(1)
The department shall specify reasonable requirements for
grant applications.
(2)
Applicants for grants shall submit as a part of their application
a plan of how they intend to provide sterilization services and their target
population.
(3)
Grant recipients shall make semi-annual reports to the
department in a form and at a time determined by the department.
(g)
Procedures for Grant Announcements.
(1)
Before applications are requested, the department shall
publish one or more notices of grant availability in the
Texas Register
. These notices shall also be distributed throughout
the state through mail and electronic means. The notices will include details
about the grants, instructions for obtaining a request for proposals, and
the names of persons to contact in the department for further information.
(2)
The department shall maintain a list of persons to be notified
of requests for proposals. Any person wanting to be placed on the list should
contact: Animal Friendly Grants, Zoonosis Control Branch, 1100 West 49th Street,
Austin, Texas 78756.
(3)
The department shall develop and publish one or more requests
for proposals, which shall contain details concerning, but not limited to,
the following:
(A)
the nature and purpose(s) of the grants;
(B)
the total amount of funds available for the grants under
each part;
(C)
the maximum and minimum dollar amounts that will be awarded
for individual grants and for individual grantees;
(D)
the information and format required for grant applications;
(E)
information about the criteria used to judge grant applications;
and
(F)
the closing date.
(h)
Procedures for Grant Applications.
(1)
The department may specify any reasonable requirements
for grant applications, including, but not limited to, length, format, authentication,
and supporting documentation.
(2)
Applications that are incomplete or substantially inconsistent
with the requirements of this subchapter may be rejected without further consideration
at the discretion of the department.
(3)
Applications received after the closing date will not be
considered, unless the closing date is extended by the department.
(4)
Applicants will be given a minimum of 60 calendar days
to file applications after a request for proposals is published. Applications
must be received by the department on or before the closing date specified
in the request for proposal.
(i)
Competitive Review Process.
(1)
Each application shall be reviewed by the department for
completeness, relevance to the published request for proposals, adherence
to department policies, general quality, technical merit, and budget appropriateness.
(2)
The department's review process shall be completed within
45 days after the closing date.
(j)
Selection Criteria.
(1)
No grant shall be approved unless, in the opinion of the
department:
(A)
the application contains an explanation as to why provision
of low-cost sterilization for pets will help minimize pet-overpopulation in
their community;
(B)
the application includes a workable plan to provide sterilization
of dogs and cats for the general public at low or no cost;
(C)
the application includes a method to report the number,
species, and sex of animals sterilized;
(D)
the applicant specifies how the general public will be
made aware of the availability of low-cost sterilization.
(E)
the applicant has a written non-discrimination policy in
place to ensure that no person is discriminated against on the grounds of
race, color, religion, sex, national origin, age, or disability.
(2)
A grant application will be given funding preference, in
a manner determined by the department and announced in the request for proposal,
to the extent that it:
(A)
targets low-income pets owners, describing how the applicant
defines, ascertains, and verifies that the person is financially challenged;
(B)
documents the intent and ability of the applicant to communicate
and collaborate with the local health departments, animal control agencies,
animal welfare agencies, veterinary organizations and human services organizations;
(C)
demonstrates a low cost for sterilization on a per animal
basis, thereby maximizing the number of animals which can be sterilized.
(D)
is a new, qualified program that does not duplicate existing
low-cost sterilization efforts in a given community; and
(E)
contains such other information or criteria that the department
may specify and include in the request for proposals.
(k)
Project Approval. Grant recipients shall execute a contract
with the department. The contract shall detail items such as budget, reporting
requirements, general provisions for department grant contracts, and any other
specifics that might apply to the award.
(l)
Continuation Funding.
(1)
Grant recipients may be eligible for continuation funding.
The department will consider the grant recipient's accomplishments, progress
toward stated goals and objectives, award of past grants, and development
of alternative funding. Applications shall be submitted in accordance with
this subchapter.
(2)
The department will award continuation grants after a review
of applications in accordance with the provisions of this subchapter.
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 March 22, 2006.
TRD-200601760
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: April 11, 2006
Proposal publication date: September 23, 2005
For further information, please call: (512) 458-7111 x6972
Subchapter B. TEXAS YOUTH CAMPS SAFETY AND HEALTH
The Executive Commissioner of the Health and Human Services Commission,
on behalf of the Department of State Health Services (department), adopts
the repeal of §§265.11 and 265.13 - 265.27, and new §§265.11
and 265.13 - 265.29, concerning the health and safety of Texas youth camps.
New §§265.11, 265.13, 265.15, 265.23, and 265.24 are adopted with
changes to the proposed text as published in the February 3, 2006, issue of
the
Texas Register
(31 TexReg 652). The repeal
of §§265.11 and 265.13 - 265.27 and new §§265.14, 265.16
- 265.22, and 265.25 - 265.29 are adopted without changes and will not be
republished.
BACKGROUND AND PURPOSE
The repeal and new sections are necessary to accommodate needed revisions
as outlined. Health and Safety Code (HSC), §§141.002(2), 141.002(5),
and 141.005(a), redefined "day camp" and "youth camp", and changed the renewal
date for licenses.
HSC, §141.0021, exempted a facility or program operated by or on the
campus of an institution of higher education or a private or independent institution
of higher education; HSC, §§141.0035, 141.004(a), and 141.005(b),
eliminated statutory license fees and required the Texas Board of Health (board)
to establish the amount of the fee for obtaining or renewing a license, and
required the board to solicit comments and information from the operators
of affected youth camps; HSC, §§141.007(d), (e), (f), and (g); 141.008(a);
141.010; and 141.016(c), changed inspection procedures for infractions found
during inspections which are easily corrected, reestablished the Youth Camp
Advisory Committee, and changed the administrative penalty.
HSC, §141.0096, established the Youth Camp Training Advisory Committee.
Government Code, Chapter 2054, Subchapter K, requires the department to
participate in an electronic system for licensing transactions (Texas Online)
and to establish fees for licensees.
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 265.11
and 265.13 - 265.27 have been reviewed and the department has determined that
reasons for adopting the sections continue to exist because rules on these
subjects are needed.
SECTION-BY-SECTION SUMMARY
New §265.11 updates the definitions used in the chapter, including
more clearly defining the types of camps and the general characteristics of
a youth camp. Sections 265.13 and 265.14 more clearly define the physical
facilities required of a youth camp, updated to reflect current state statutes
and accepted national standards. The requirement to report to the department
incidents of camper neglect or abuse, or the death, serious injury or serious
illness of a camper has been strengthened and clarified in §265.15. Sections
265.15 and 265.16 update requirements for waterfront activities and potentially
hazardous camp activities, adding sections dealing with horseback riding programs
and adventure/challenge courses. Sections 265.17 - 265.21 deal with Fire Prevention,
Motor Vehicles, Farm and Domestic Animals, and Insect and Rodent Control respectively.
Sections 265.23 and 265.24 provide the procedures for obtaining a youth camp
license. Section 265.25 outlines procedures for inspections, including changing
inspection procedures for infractions found during inspections which are easily
corrected. Civil penalties and injunctions are outlined in §265.26. Section
265.27 deals with revocation of a license, administrative penalties, and hearing
procedures. This section also includes an enforcement matrix establishing
a severity level for deficiencies identified by the department. The assignment
of a severity level, ranked as Severity Level I, II, or III, is based upon
determination of risk of injury to the camper. Section 265.28 deals with licensing
fees. Membership requirements and responsibilities of the Youth Camp Advisory
Committee and the Youth Camp Training Advisory Committee are explained in §265.29.
COMMENTS
The department, on behalf of the commission, did not receive any public
comments concerning the proposal during the comment period. However, the department
staff on behalf of the commission provided comments and the commission has
reviewed and agrees to the following changes that will add clarification to
a definition or update information.
Change: Concerning the definition of "Youth camp, general characteristics
of:" in §265.11(21)(B), the staff commenter suggested that the word "only"
be included in the definition, so that this definition reads, "a youth camp
operates only during school vacation periods, and not more than 120 days per
calendar year; and..." A change was made to the rule as a result of this comment.
Change: Concerning §265.15(d), §265.15(e), and §265.23(a)
the web address was amended from "www.tdh.state.tx.us/beh/gs/youth.htm" to
"www.dshs.state.tx.us/beh/gs/youth.htm".
Change: Concerning §265.23(a) and §265.24(c), the unit name was
amended from "Professional Licensing and Certification Unit" to "Environmental
and Sanitation Licensing Group".
Change: Concerning §265.23(a), the telephone number was amended from
"512-834-6770" to "512-834-6600".
Change: Concerning §265.13(n) and §265.15(d), the telephone number
was amended from "512-834-6770" to "512-834-6773".
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adoption has been reviewed by legal counsel and found to
be within the state agencies' authority to adopt.
25 TAC §§265.11, 265.13 - 265.27
STATUTORY AUTHORITY
The repeals are authorized by Health and Safety Code, §141.008, which
authorizes the department to adopt rules; Government Code, Chapter 2054, that
requires the department to participate in an electronic system for licensing
transactions (Texas Online) and to establish fees for licensees; and Government
Code, §531.0055, and Health and Safety Code, §1001.075, which authorize
the Executive Commissioner of the Health and Human Services Commission to
adopt rules and policies necessary for the operation and provision of health
and human services by the department and for the administration of Health
and Safety Code, Chapter 1001.
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 March 27, 2006.
TRD-200601828
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: April 16, 2006
Proposal publication date: February 3, 2006
For further information, please call: (512) 458-7111 x6972
25 TAC §§265.11, 265.13 - 265.29
STATUTORY AUTHORITY
The new sections are authorized by Health and Safety Code, §141.008,
which authorizes the department to adopt rules; Government Code, Chapter 2054,
that requires the department to participate in an electronic system for licensing
transactions (Texas Online) and to establish fees for licensees; and Government
Code, §531.0055, and Health and Safety Code, §1001.075, which authorize
the Executive Commissioner of the Health and Human Services Commission to
adopt rules and policies necessary for the operation and provision of health
and human services by the department and for the administration of Health
and Safety Code, Chapter 1001.
§265.11.Definitions.
The following words and terms, when used in this chapter shall have
the following meanings, unless the content clearly indicates otherwise.
(1)
Act--Texas Youth Camp Safety and Health Act, Health and
Safety Code, Chapter 141.
(2)
Adult--A person 18 years of age or older.
(3)
Camper--A minor child, under 18, who is attending a youth
camp on either a day or boarding basis.
(4)
Commissioner--The Commissioner of the Department of State
Health Services.
(5)
Day camp--A camp that operates during the day or any portion
of the day between 7:00 a.m. and 10:00 p.m. for four or more consecutive days
and that offers no more than two overnight stays during each camp session.
To be eligible to be licensed as a youth camp, the camp's schedule must be
structured so that each camper attends for more than four hours per day for
four consecutive days. The term does not include a facility that is required
to be licensed with the Department of Family and Protective Services (formerly
the Department of Protective and Regulatory Services).
(6)
Department--Department of State Health Services, 1100 West
49th Street, Austin, Texas 78756-3199.
(7)
Executive Commissioner--Executive Commissioner of the Health
and Human Services Commission.
(8)
Firearm--Any device designed, made, or adapted to expel
a projectile through a barrel by using the energy generated by an explosion
or a burning substance, or any device readily convertible to that use.
(9)
Hazardous activity--A camp activity such as waterfront
activities, archery, horseback riding, challenge courses, or riflery that
requires special technical skills, equipment, or safety regulations.
(10)
Pellet gun--Any device designed, made, or adapted to expel
a projectile through a barrel by using compressed air or carbon dioxide. This
definition includes, but is not limited to, air guns, air rifles, BB guns,
and paintball guns.
(11)
Permanent structure--Man-made buildings such as dining
halls, dormitories, cabins, or other buildings that are constructed to remain
stationary.
(12)
Person--An individual, partnership, corporation, association,
or organization. In these rules, a person does not include a government or
governmental subdivision.
(13)
Primitive camp--A youth camp that does not provide either
permanent structures or utilities for camper use.
(14)
Resident camp--A camp that for a period of four or more
consecutive days continuously provides residential services to each camper,
including overnight accommodations for at least three consecutive nights.
(15)
Supervisor/counselor--Camp personnel or youth group leader,
18 years of age or older, who is responsible for the immediate supervision
of campers.
(16)
Travel camp--A day or resident camp, lasting for four
or more consecutive days, that begins and ends at a fixed location, but may
move from location to location on a daily basis.
(17)
TCEQ--Texas Commission on Environmental Quality, P.O.
Box 13087, Austin, Texas 78711-3087, telephone 512-239-1000.
(18)
Waterfront--A natural, or artificial body of water that
includes, but is not limited to, a lake, ocean, bay, pond, river, swimming
pool, or spa, which is the site of any water activity.
(19)
Waterfront activity--A recreational or instructional activity,
occurring in, on, or near a waterfront. Waterfront activity includes, but
is not limited to, swimming, boating, water skiing, scuba diving, rafting,
tubing, synchronized swimming or sailing.
(20)
Youth camp--A facility or property, other than a facility
required to be licensed by the Department of Family and Protective Services
that:
(A)
has the general characteristics of a day camp, resident
camp, or travel camp;
(B)
is used for recreational, athletic, religious, or educational
activities;
(C)
accommodates at least five minors who attend or temporarily
reside at the camp for all or part of at least four consecutive days; and
(D)
is not a facility or program operated by or on the campus
of an institution of higher education or a private or independent institution
of higher education as those terms are defined by the Education Code, §61.003,
that is regularly inspected by one or more local governmental entities for
compliance with health and safety standards.
(21)
Youth camp, general characteristics of:
(A)
a youth camp provides supervision, instruction, and recreation,
utilizing a variety of activities primarily in an outdoor, natural environment,
for children who are apart from their parents or legal guardians;
(B)
a youth camp operates only during school vacation periods,
and not more than 120 days per calendar year; and
(C)
a youth camp accepts a camper for a minimum of four consecutive
days for more than four hours per day.
(22)
Youth camp operator--Any person who owns, operates, controls,
or supervises a youth camp, whether or not for profit.
§265.13.Site and Physical Facilities.
(a)
Safety of the location. The location of a camp shall not
present a fire, health, or safety hazard.
(b)
Accumulation of refuse and debris. The premises of each
camp shall be kept free of accumulations of refuse and debris.
(c)
Compliance with building, plumbing, electrical and life
safety codes. All camp buildings shall comply with applicable building, plumbing,
electrical, life safety, and similar codes.
(d)
Permanent living or sleeping structures. All permanent
structures used for living or sleeping purposes in the camp shall be provided
with walls, floors, and ceilings that shall be kept clean and in good repair.
(e)
Separate beds, bunks or cots. A separate bed, bunk, or
cot shall be required for each person. Beds shall be spaced in a manner that
is free of obstruction for entering and exiting.
(f)
Bunk bed guardrails. In all rooms housing campers, all
bunk beds shall have at least two guardrails, one on each side of the bed
for each bed having the underside of its foundation more than 30 inches from
the floor in accordance with the Code of Federal Regulations (CFR), 16 CFR,
Part 1513.3. Bunk beds securely attached to a wall may utilize the wall as
one guardrail.
(g)
Location of sleeping quarters. Sleeping shall not be permitted
in kitchens or in rooms used for food preparation, storage, or service.
(h)
Bedding provided by the camp. All articles of bedding provided
by the camp, including mattresses and mattress covers, shall be kept clean
and in good repair. Any bedroll provided by the camp and used by campers must
be properly cleaned between use by different individuals.
(i)
Toilets and urinals. The camp shall provide at least one
toilet for every 15 females and one toilet for every 15 males. In each male
toilet facility, up to 70% of the toilets required may be urinals. In facilities
with more than one toilet, some means of privacy must be provided for each
toilet.
(j)
Lavatories. The camp shall provide at least one lavatory
adjacent to toilet facilities. In facilities with more than five toilets or
urinals in a room, there must be a minimum of two lavatories.
(k)
Hand cleanser required. Each lavatory must be equipped
with one of the following methods to sanitize hands:
(1)
lavatories with hot and cold running water must have soap
or hand cleanser available at all times;
(2)
lavatories with only cold running water must have hand
sanitizer or anti-bacterial soap available at all times; or
(3)
privies and portable toilet facilities not equipped with
lavatories providing water must have waterless hand sanitizer available at
all times.
(l)
Shower facilities. Resident youth camps must provide at
least one shower for every 15 females and one shower for every 15 males. Each
shower shall be equipped with water to meet the needs of the campers. There
shall be soap or body cleanser available at all times.
(m)
Cleanliness and sanitation of toilets, lavatories and bathing
facilities. All toilets, lavatories, and bathing facilities shall be maintained
in good repair and kept clean at all times. Every shower room floor shall
be washed daily with a suitable detergent or sanitizing agent.
(n)
Construction of privies. Privies, if provided, shall be
constructed according to standards set forth in the Texas Community Sanitation
Handbook, which may be obtained from the department by calling the Environmental
Health Group, Policy, Standards and Quality Assurance Unit at 512-834-6773.
Privies shall be maintained in a manner to prevent access by flies and animals,
to prevent fly breeding, and to prevent contamination of any water supply.
(o)
Availability of toilet tissue. Toilet tissue shall be available
at all times for each toilet or privy seat.
(p)
Lighting and ventilation in toilet and bathing facilities.
All permanent toilets and bathing structures shall be adequately ventilated
and properly lighted.
(q)
Potable water supply required. Camps shall ensure that
all water used for ingestion comes from a TCEQ approved potable water source
that meets all applicable standards of 30 Texas Administrative Code (TAC),
Chapter 290, Public Drinking Water, Subchapter D, Rules and Regulations for
Public Water Systems, as amended.
(r)
Private water wells at youth camps. Camps utilizing a private
well system for water must have written confirmation from the TCEQ that the
water quality meets 30 TAC, Chapter 290, Public Drinking Water, Subchapter
F, Drinking Water Standards Governing Drinking Water Quality And Reporting
Requirements For Public Water Systems, as amended. The written confirmation
must be given to a department representative upon request.
(s)
Disposal of youth camp wastewater. All camp wastewater
must be disposed of into a community sanitary sewage system or an approved
On-site Sewage Facility in accordance with 30 TAC, Chapter 285, On-Site Sewage
Facilities. In remote areas, the use of chemical toilets or pit privies is
allowed, if the facilities are built and maintained in accordance with manufacturer
designs or the Texas Community Sanitation Handbook.
(t)
Disposal of solid waste. Solid wastes shall be disposed
of at a TCEQ approved sanitary landfill or other disposal facility approved
by TCEQ under 30 TAC, Chapter 330, Municipal Solid Waste.
(u)
Permanent food preparation, storage and service areas.
Permanent food preparation, storage and service areas must be maintained in
compliance with 25 TAC, Chapter 229, Subchapter K, §229.161 et seq.,
Texas Food Establishments, as amended. Items inspected may include, but are
not limited to:
(1)
proper cooling for cooked/prepared food;
(2)
proper cooking temperatures;
(3)
proper/adequate hand washing and good hygienic practices;
(4)
approved source/labeling;
(5)
proper handling of ready-to-eat foods;
(6)
cross-contamination of raw/cooked foods/other;
(7)
approved systems (Hazard Analysis and Critical Control
Points (HACCP) plans/time as public health control);
(8)
hot and cold water under pressure;
(9)
hand wash facilities adequate, accessible, and with soap
and towels;
(10)
evidence of insect contamination;
(11)
toxic items properly labeled/stored/used;
(12)
manual or mechanical ware washing and sanitizing;
(13)
food contact surfaces of equipment and utensils cleaned/sanitized/good
repair; and
(14)
consumer advisories posted (Heimlich, raw shellfish warning,
buffet plate).
§265.15.Medical and Nursing Care.
(a)
Record of an on-call physician required. Documentation
shall be kept on file of a physician licensed to practice in Texas who is
available to be on call at all times to advise health service personnel on
all first aid and nursing services provided by the camp.
(b)
Emergency transportation. Transportation must be available
at all times to transport any sick or injured camper in an emergency.
(c)
Medical staffing requirements. A physician, registered
nurse, licensed vocational nurse, or a person with an American Red Cross Emergency
Response certificate, or its equivalent, shall be in the camp and on call
at all times, and will be considered the Camp Health Officer. For camps having
documented evidence, such as a letter from the local emergency medical services
(EMS), that the camp is located within a 20 minute community EMS response
time, a person certified in American Red Cross Community First Aid and Safety,
or its equivalent, shall be in the camp and on call at all times, and will
be considered the Camp Health Officer.
(d)
Requirement to report incidents of abuse or neglect of
a minor. If a person, including any member of camp staff, a camp counselor,
or camp director has cause to believe that a minor has been or may have been
abused or neglected as those terms are defined in the Texas Family Code, Chapter
261, then that person shall immediately make a report, in accordance with
Family Code, §261.101(a) to the department's Policy, Standards and Quality
Assurance Unit, as required by §261.103(a)(3). The report can be made
by telephone (512-834-6773), by fax (512-834-6707), or by email (the current
email address may be found at www.dshs.state.tx.us/youthcamp/default.shtm).
A report must be made to the department and may be made to a local or state
law enforcement agency or other agency listed in Family Code, §261.103.
(e)
Requirement to report camper death or communicable diseases.
Camper death or confirmed cases of waterborne or foodborne diseases, such
as cholera, dysentery, typhoid, salmonellosis, shigellosis, or infectious
hepatitis, shall be reported to the department's Policy, Standards, and Quality
Assurance Unit, within 24 hours of occurrence (or confirmation in the case
of disease) by fax (512-834-6707), or by email at the address found at www.dshs.state.tx.us/youthcamp/default.shtm.
(f)
Designation of a first aid area. A first aid area, used
exclusively to handle health and emergency cases, shall be designated and
suitably equipped.
(g)
Isolation of a child with a communicable disease. A child
ill with a confirmed or suspected case of a communicable disease shall be
isolated to provide safety to other children and quiet to the patient. Any
child that is isolated shall be supervised as determined by the Camp Health
Officer.
(h)
Bound medical log required. A bound medical log, or other
unalterable record keeping system, listing date, name of the patient, ailment,
name of the Camp Health Officer, and the treatment prescribed shall be kept
in the first aid area for the duration of the camp year for which the license
is issued.
(i)
Camper health records shall be kept on file. The first
aid area shall keep a health record on each child with the child's name, allergies,
immunizations, parent's name, address, and telephone number, and parent or
guardian authorization for emergency medical care.
(j)
Availability of an emergency telephone. The camp shall
have a telephone readily available, preferably in the first aid area, for
emergency use.
(k)
Emergency plans required. A written plan of procedures
to be implemented in case of a disaster, serious accident, epidemic, or fatality
shall be formulated and posted in the camp's administrative on-site office
or location. All camp staff and volunteers must be made aware of this plan
during the staff-training program or volunteer briefing. Documentation of
this training must be kept at the camp's administrative on-site office or
location.
(l)
Storing and dispensing prescription medication to campers.
If a child is taking a prescription medication when he or she reports to camp,
the medication must be in the original container with the prescription label,
and the medical staff shall place that medication in a lockable cabinet or
other secure location that is not accessible to campers. The medication shall
be administered by the Camp Health Officer or camp counselor, if authorized
in writing by the Camp Health Officer. At no time will the child be allowed
to self-administer the medication without adult supervision.
(m)
Camp trip first aid kits. First aid kits shall be taken
on all out-of-camp trips.
§265.23.Application for a New License.
(a)
License required. A person must possess a valid youth camp
license prior to operating a youth camp. An application is made by submitting
a completed youth camp application and paying the license fee. A blank application
may be obtained by calling the Environmental and Sanitation Licensing Group
at 512-834-6600, or may be downloaded from the website at www.dshs.state.tx.us/youthcamp/default.shtm.
All applications may be mailed to the Environmental and Sanitation Licensing
Group, Department of State Health Services, 1100 West 49th Street, Austin,
Texas 78756.
(b)
Processing applications. All applications will be processed
promptly after the completed application form and fees are received. Those
who submit incomplete applications will be notified either by telephone or
in writing as soon as possible.
(c)
Qualifying for a youth camp license. The department shall
determine if the facility meets the definition of a Youth Camp as described
in §265.11(20) of this title (relating to Definitions) and the definition
of "Youth camp, general characteristics of:" in §265.11(21) of this title.
If the facility does not qualify for a license, the application will be denied
and the license fee, less a handling fee of $50, refunded. If an application
is denied because the facility does not meet the definition of a youth camp,
the applicant should determine if a license from another agency is required.
§265.24.Application for a Renewal License.
(a)
Renewal of a youth camp license. A person holding a license
under the Act must renew the license annually from the date of issuance.
(b)
Renewal notice. At least 30 days before a license expires,
the department, as a service to the licensee, shall send a renewal notice
to the licensee or registrant, by first-class mail to the last known address
of the licensee. It remains the responsibility of the licensee to keep the
department informed of their current address and to take action to renew their
certificate whether or not they have received the notification from the department.
The renewal notice will state:
(1)
the type of license requiring renewal;
(2)
the time period allowed for renewal; and
(3)
the amount of the renewal fee.
(c)
Renewal requirements. All renewal applications and fees
shall be submitted to the department prior to the license's annual expiration
date and shall be mailed to the Environmental and Sanitation Licensing Group,
Department of State Health Services, 1100 West 49th Street, Austin, Texas
78756. The department will renew the license if the applicant meets the standards
in these sections, meets the definition of a "Youth camp" as described in §265.11(20)
of this title (relating to Definitions) and the definition of "Youth camp,
general characteristics of:" in §265.11(21) of this title, submits a
complete renewal application on the prescribed form along with all required
documentation, pays the required fee, and has complied with all final orders
resulting from any violations of these sections.
(d)
Non-renewal. The department may decide not to renew a license
unless the applicant has complied with all final orders resulting from any
violations of these sections.
(e)
Opportunity for a hearing. When the department proposes
to deny an initial or renewal application, it will give notice of the proposed
action in writing and will provide information on how to request an administrative
hearing. The applicant must make a written request for a hearing within 30
days from the date on the notice letter sent by the department.
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 March 27, 2006.
TRD-200601829
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: April 16, 2006
Proposal publication date: February 3, 2006
For further information, please call: (512) 458-7111 x6972
The Executive Commissioner of the Health and Human Services Commission,
on behalf of the Department of State Health Services (department), adopts
the repeal of §265.12, and new §265.12, concerning the sexual abuse
training and criminal background checks at Texas youth camps. New §265.12
is adopted with changes to the proposed text as published in the February
3, 2006, issue of the
Texas Register
(31 TexReg
661). The repeal of §265.12 is adopted without changes and will not be
republished.
BACKGROUND AND PURPOSE
The repeal was necessitated by numerous changes made to this section. The
repeal and new section comply with changes necessitated by Health and Safety
Code (HSC), §141.0095, which established the criteria and guidelines
for training and examination programs on sexual abuse and child molestation,
and changes necessitated by HSC, §141.009(15), which authorized establishing
standards relating to records of criminal convictions of camp personnel.
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). Section 265.12
has been reviewed and the department has determined that reasons for adopting
this section continue to exist because a rule on this subject is needed.
SECTION-BY-SECTION SUMMARY
New §265.12 updates the requirements for directors, supervisors, and
staff, including documentation of criminal convictions, sex offender registration
record requirements, clarification of experience needed to supervise hazardous
camp activities, and attendance at a sexual abuse and child molestation training
and examination program for all staff and volunteers in positions involving
contact with campers at a youth camp to be effective by June 1, 2006. The
license holder is responsible for compliance with §265.12, including
(f) and (g), for all entities using its facilities that, (1) meet the definition
of a youth camp, and (2) operates under the license holder's license. No change
was made to the rule as a result of this comment.
COMMENTS
The department, on behalf of the commission, has reviewed and prepared
responses to the seven comments received regarding the proposed rules during
the comment period, which the commission has reviewed and accepts. The commenters
were individuals and department staff. The commenters were not against the
rules in their entirety; however, the commenters suggested recommendations
for change as discussed in the summary of comments. Other commenters were
in favor of rules.
Comment: Concerning the minimum amount of data collected on every staff
person and volunteer with respect to criminal background and sex offender
status checks in §265.12(f), one commenter asked to require the full
name (first, middle, last name), date of birth, current address, drivers license
number, and social security number of each individual. No change was made
to the rule as a result of this comment.
Response: The commission disagrees because the amount of information collected
on each individual should be at the discretion of the camp management unless
required by statute. A sufficient amount of information should be collected
by the licensee to fulfill the requirements of §265.12(f)(1) and (2).
The license holder is responsible for compliance with §265.12, including
subsection (f), for all entities using it's facilities that, (1) meet the
definition of a youth camp, and (2) operates under the license holders license.
The license holder may either conduct the checks for all required personnel,
or ensure that all required personnel have been checked. The license holder
must have all of the required documentation on file in accordance with the
rules. No change was made to the rule as a result of this comment.
Comment: Concerning the sexual abuse and child molestation training and
examination program required in §265.12(g), one commenter did not agree
with the need to conduct this training.
Response: The commission disagrees because the requirements for the training
and examination program are necessitated by Health and Safety Code (HSC), §141.0095,
which established the criteria and guidelines for training and examination
programs on sexual abuse and child molestation. The license holder is responsible
for compliance with §265.12, including subsection (g), for all entities
using it's facilities that, (1) meet the definition of a youth camp, and (2)
operates under the license holders license. The license holder may either
train all required personnel, or ensure that all required personnel have been
trained. The license holder must have all of the required documentation on
file in accordance with the rules. No change was made to the rule as a result
of this comment.
Comment: Concerning the timing and clarification on acceptable programs
dealing with the sexual abuse and child molestation program. This seems very
tight for the coming summer season. Additionally, the commenter disagreed
with the fee associated with the audit or review of these records, considering
the recent increases in the Youth Camp license fee's, since are no additional
fees associated with the review of other staffing, health, safety, certifications,
and compliance issues.
Response: The commission disagrees because the timing requirement for the
training and examination program is necessitated by SB 990, §2(b), which
states, "Notwithstanding Health and Safety Code, ?141.0095, as added by this
Act, a youth camp or an individual employed by or volunteering at a youth
camp is not required to comply with Health and Safety Code, §141.0095,
before June 1, 2006." Senate Bill 990 was signed by the Governor on June 17,
2005, became effective September 1, 2005, and is codified in Health and Safety
Code, §141.0095. Additionally, the $125 administrative fee is necessary
to cover the additional administrative cost to the department of approving
the training programs, which is not associated with cost of the license fee
nor with the review of other certifications or documentation. No change was
made to the rule as a result of this comment.
The following changes were made as a result of comments from department
staff on behalf of the commission that will clarify a title or update information.
Change: Concerning the title of §265.12(g) "Sexual abuse and child
molestation training and examination program", the staff commenter suggested
the word "awareness" be included in the title, so that this title reads, "Sexual
abuse and child molestation awareness training and examination program".
Change: Concerning §265.12(g)(10), the web address was amended from
www.tdh.state.tx.us/beh/gs/youth.htm to www.dshs.state.tx.us/beh/gs/youth.htm.
Change: Concerning §265.12(g)(10), the unit name was amended from
Professional Licensing and Certification Unit to Environmental and Sanitation
Licensing Group.
Change: Concerning §265.12(g)(10), the phone number was amended from
512-834-6770 to 512-834-6600.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adoption has been reviewed by legal counsel and found to
be within the state agencies' authority to adopt.
25 TAC §265.12
STATUTORY AUTHORITY
The repeal is authorized by Health and Safety Code, §12.0111, which
requires the department to charge fees designed to recover all direct and
indirect costs of licensing programs; Health and Safety Code, §141.009(15),
which authorizes establishing standards relating to records of criminal convictions
of camp personnel; Health and Safety Code, §141.0095, which establishes
a training and examination program on sexual abuse and child molestation;
and Government Code, §531.0055(e), and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the operation and provision
of health and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
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 March 27, 2006.
TRD-200601830
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: April 16, 2006
Proposal publication date: February 3, 2006
For further information, please call: (512) 458-7111 x6972
25 TAC §265.12
STATUTORY AUTHORITY
The new section is authorized by Health and Safety Code, §12.0111,
which requires the department to charge fees designed to recover all direct
and indirect costs of licensing programs; Health and Safety Code, §141.009(15),
which authorizes establishing standards relating to records of criminal convictions
of camp personnel; Health and Safety Code, §141.0095, which establishes
a training and examination program on sexual abuse and child molestation;
and Government Code, §531.0055(e), and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the operation and provision
of health and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
§265.12.Directors, Supervisors, and Staff.
(a)
On-site director required. Each youth camp shall be under
the on-site direction of a qualified adult with at least two years of experience
working with children. The director shall be knowledgeable in camp administrative
practices and shall have at least one year of leadership experience with an
organized youth camp, school or other youth-serving organization, such as
the Boy Scouts of America or Young Men's Christian Association (YMCA).
(b)
Adult supervisors. Each youth camp shall have at least
one adult supervisor who is responsible for the supervision of no more than
ten children in the camp. For any hazardous activity the supervisor(s) must
be in the immediate vicinity (within sight and/or hearing) of the campers.
An "all camp" sedentary activity, not requiring physical activity, may require
less supervision, and each camp shall establish its own guidelines, but not
less than one adult supervisor to every 25 campers. The camp director shall
not be included in the supervisor to camper ratio in camps serving over 50
campers at one time.
(c)
Supervision of hazardous activity. Hazardous camp activities
shall be conducted by and under the direct supervision of a qualified adult
capable of implementing safety standards established by the department or
the camp. The specialist shall also have documented training or at least two
years documented experience in conducting the activity.
(d)
Written personnel policies and practices. A camp shall
have written personnel policies and practices for both campers and staff.
Supervisors shall be informed of these policies and practices prior to assuming
responsibility for campers.
(e)
Staff member character and integrity records. The camp
management shall ascertain and have on record information, such as a letter
of reference, attesting to the character and integrity of each staff member,
and information, such as training certificates, attesting to the ability of
each staff member to perform the tasks required in his or her position.
(f)
Criminal conviction and sex offender registration record
requirements. The camp management shall have on file a record of any criminal
conviction for all adult staff members and all adult volunteers working at
the camp. Camp management shall also have on file a written evaluation for
an adult staff member or volunteer, showing that management has determined
the person is suitable for a position at the youth camp despite a criminal
conviction. If the records are located off-site, a letter from the national
or regional headquarters of the organization stating the names of individuals
at the camp site for whom these checks have been conducted, must be available
at the camp site. All records of criminal convictions and written evaluations
for a camp or camping organization must be located at a specific site within
Texas, and must be made available to department personnel within two business
days upon request. Youth camps are responsible for ensuring that criminal
and sex offender background checks have been conducted for international staff
obtained through the J-1 visa process, and that documentation of these checks
are located with other staff background checks at the specific site within
Texas. Records of criminal convictions and sex offender status may be obtained
by:
(1)
an annual criminal background check consisting of either:
(A)
performing a criminal background check, such as the Texas
Department of Public Safety Public Criminal Records check, which may be accessed
at https://records.txdps.state.tx.us/dps_web/APP_PORTAL/index.aspx. A hard
copy printout of the search results, whether or not the results are positive,
must be maintained with the sex offender background documentation; or
(B)
including a question on an employment or volunteer application
asking for a history of criminal convictions, such as "Have you ever been
convicted of a felony or a misdemeanor?" If this question is answered with
"Yes," then the camp must obtain documentation of the criminal conviction;
and
(2)
performing an annual background check using a Sex Offender
Registration database for each staff member's permanent residence and educational
residence if applicable. In Texas, the Sex Offender Registration database
may be found at https://records.txdps.state.tx.us/soSearch/default.cfm. A
hard copy printout of the search results, whether or not the results are positive,
must be maintained with the criminal background documentation.
(g)
Sexual abuse and child molestation awareness training and
examination program.
(1)
Effective June 1, 2006, a youth camp licensee may not employ
or accept the volunteer service of an individual for a position involving
contact with campers at a youth camp unless:
(A)
the individual submits to the licensee or the youth camp
has on file documentation that verifies the individual within the preceding
two years has successfully completed the training and examination program
required by this subsection; or
(B)
the individual successfully completes the youth camp's
training and examination program approved by the department during the individual's
first workweek, and prior to any contact with campers unless supervised during
the first workweek by an adult who has successfully completed the program.
The youth camp must have documentation on file and available for inspection
within two business days of request by the department verifying that the individual
successfully completed the youth camp's training and examination program.
(2)
For purposes of this subsection, the term "contact with
campers" does not include visitors such as a guest speaker, an entertainer,
or a parent who visits for a limited purpose or a limited time if the visitor
has no direct and unsupervised interaction with campers. A visitor may have
direct and unsupervised contact with a camper to whom the visitor is related.
A camp may require training and an examination for visitors if it chooses.
(3)
A youth camp licensee must retain in the person's personnel
record a copy of the documentation required or issued under paragraph (1)(A)
of this subsection for each employee or volunteer until the second anniversary
of the examination date.
(4)
Prior to their use, the department may approve training
and examination programs offered by trainers under contract with youth camps,
by online training organizations, or programs offered in another format, such
as a videotape, authorized by the department.
(5)
A training and examination program on sexual abuse and
child molestation approved by the department must at a minimum include training
and an examination on:
(A)
the definitions and effects of sexual abuse and child molestation;
(B)
the typical patterns of behavior and methods of operation
of child molesters and sex offenders that put children at risk;
(C)
the warning signs and symptoms associated with sexual abuse
or child molestation, recognition of the signs and symptoms, and the recommended
methods of reporting suspected abuse; and
(D)
the recommended rules and procedures for youth camps to
implement to address, reduce, prevent, and report suspected sexual abuse or
child molestation. Training shall include the need to minimize one-on-one
isolated encounters between an adult and a minor or between two minors.
(6)
The training program must last for a minimum of one hour
and discuss each of the topics described in paragraph (5) of this subsection.
(7)
The examination must consist of a minimum of 25 questions
which shall cover each of the topics described in paragraph (5) of this subsection.
(8)
To successfully complete the training program, each employee
or volunteer must achieve a score of 70% or more correct on an individual
examination. If the examination is taken on-line, the employee or volunteer
must retain a certificate of completion indicating they successfully completed
the course.
(9)
The department may assess a fee of $125 to each applicant
to cover the costs of the department's initial review and each follow-up review
of a training and examination program.
(10)
All applications and fees shall be mailed to the Environmental
and Sanitation Licensing Group, Department of State Health Services, 1100
West 49th Street, Austin, Texas 78756. A blank application may be obtained
by calling the Environmental and Sanitation Licensing Group, at (512) 834-6600
or may be downloaded from www.dshs.state.tx.us/beh/gs/youth.htm.
(11)
The department, at least every five years from the date
of initial approval, shall review each training and examination program approved
by the department to ensure the program continues to meet the criteria and
guidelines established under this subsection.
(h)
Records retention. All applications, background check reports,
training documentation, and other required personnel documentation required
by these rules shall be maintained in hard copy or electronic format for a
minimum of two years following a person's last day of service.
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 March 27, 2006.
TRD-200601831
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: April 16, 2006
Proposal publication date: February 3, 2006
For further information, please call: (512) 458-7111 x6972
Subchapter A. DRINKING WATER STANDARDS GOVERNING DRINKING WATER QUALITY AND REPORTING REQUIREMENTS FOR PUBLIC WATER SUPPLY SYSTEMS
Chapter 169.
ZOONOSIS CONTROL
Chapter 265.
GENERAL SANITATION
Subchapter B. TEXAS YOUTH CAMPS SAFETY AND HEALTH
Chapter 337.
WATER HYGIENE