Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 98. HIV and STD Control Subchapter C. Texas HIV Medication Program General Provisions 25 TAC sec.98.104, sec.98.105 The Texas Department of Health (department) adopts on an emergency basis amendments to sec.98.104 and sec.98.105, concerning the Texas HIV Medication Program. The sections implement the provisions of the Communicable Disease Prevention and Control Act, Health and Safety Code, sec.sec.85.061-85.066, concerning the establishment of an HIV Medication Program in Texas. The program assists hospital districts, local health departments, public or non-profit hospitals and clinics, nonprofit community organizations, and HIV infected individuals in the purchase of medications approved by the board that have been shown to be effective in reducing hospitalizations due to HIV related conditions. Generally, the sections cover eligibility for participation and medication coverage. The amendments are adopted on an emergency basis in order to expeditiously provide medications to HIV infected individuals. It is imperative to address this serious and imminent threat to public health and safety by providing approved medications as soon as possible. The amendments also are being proposed for permanent adoption in this issue of the Texas Register. The amendments are adopted on an emergency basis under the Communicable Disease Prevention and Control Act, Health and Safety Code, sec.85.063, which provides the Texas Board of Health with the authority to adopt rules concerning a Texas HIV Medication Program; sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.98.104. Medication Coverage. (a)-(h) (No change.) (i) Acyclovir capsules must be provided in increments of 100, not to exceed 200 per month. Acyclovir suspension must be provided in 473 ml. bottles of 200 mg./mi., not to exceed two bottles per month. Acyclovir powder for injection must be provided in 500 mg. vials, not to exceed 2-10 ml. vials per month. sec.98.105. Drug Specific Eligibility Criteria. A person is eligible for: (1)-(4) (No change.) (5) Immune Globulin Intravenous (Human) if he or she is diagnosed with HIV infection and is younger than 18 years of age; [and] (6) Fluconazole if he or she has an established cryptococcal infection and for prophylaxis after diagnosis; and
    [.] (7) Acyclovir for the treatment of acute herpectic infections and chronic suppressive therapy for the treatment of recurrent disease. Issued in Austin, Texas, on June 29, 1992. TRD-9208994 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: June 29, 1992 Expiration date: October 27, 1992 For further information, please call: (512) 458-7357