PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICES
SUBCHAPTER Q. REPORTING, TREATMENT AND INVESTIGATION OF CHILD BLOOD LEAD LEVELS
The Executive Commissioner of the Health and Human Services Commission (commission) on behalf of the Department of State Health Services (department) adopts amendments to §§37.331 - 37.336, and new §§37.337 - 37.339, concerning the reporting and control of child lead poisoning without changes to the proposed text as published in the March 7, 2008, issue of the Texas Register (33 TexReg 1955) and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
The rules are necessary to comply with the Texas Health and Safety Code, Chapter 88, which requires the department to adopt rules concerning the reporting and control of childhood lead poisoning.
Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). The department has reviewed §§37.331 - 37.336 and has determined that reasons for adopting these sections continue to exist and, therefore, these rules on childhood lead poisoning are necessary. New §§37.337 - 37.339 were added because of amendments to the Texas Health and Safety Code, Chapter 88, by the 80th Texas Legislature, 2007.
SECTION-BY-SECTION SUMMARY
The amendments to §37.331 update legacy agency names and organizational structure to reflect the post-consolidation operations of the department and the Health and Human Services Commission. Amendments to §37.332 add new definitions and delete definitions no longer referenced in text. Amendments to §37.333 add text stating that confidential information provided to the department is pursuant to the Texas Health and Safety Code, Chapter 88, §88.002. Amendments to §37.334 update information required for the registry of children's blood lead test results. Section 37.335 was amended to state "any facility in which a laboratory conducts blood lead testing." Amendments to §37.336 update legacy agency names, delete reporting of blood lead level results to the local health authority, and change the preferred method of reporting to electronic transmission. New §37.337, §37.338, and §37.339 were added to define the criteria and procedures for follow up care and environmental lead investigations pursuant to the Texas Health and Safety Code, §§88.007, 88.008, and 88.009.
COMMENTS
The department, on behalf of the commission, did not receive any comments regarding the proposed rules during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the rules, as adopted, have been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The adopted rules are authorized by the Health and Safety Code, §88.003, which requires rules on reporting childhood blood lead levels of concern; and §88.007 which allows rules on follow up care for children with elevated blood lead levels; and Government Code, §531.0055, and the 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. Review of the rules implements Government Code, §2001.039.
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 August 8, 2008.
TRD-200804153
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: August 28, 2008
Proposal publication date: March 7, 2008
For further information, please call: (512) 458-7111 x6972