EMERGENCY RULES 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 and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional 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, Chapter 85.063, Subchapter C, concerning the Texas HIV Medication Program. The program assists hospital districts, local health departments, public or nonprofit 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 expand coverage of the program to include Itraconazole for eligible participants for the treatment of Blastomycosis and Histoplasmosis. 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 health condition by providing approved medications as soon as possible. The amendments are adopted on an emergency basis under the 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 provide 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 provides The Board with the authority to adopt rules on an emergency basis. sec.98.104. Medication coverage.
    The following medications will be provided to each eligible participant. (1)-(14) (No Change.) (15) Itraconazole must be provided in increments of 30 capsules not to exceed 90 capsules per month. sec.98.105. Drug specific eligibility criteria. A person is eligible for: (1)-(11) (No change.) (12) Atovaquone for the oral treatment of acute mild to moderate Pneumocystis carinii Pneumonia (PCP) in patients who are intolerant to sulfamethoxozole- trimethoprim (SMZ-TMP)[; and]. (13) Rifabutin for the prevention of disseminated mycobacterium avium complex disease in patients with a CD4 cell count of 100 or less. The amount to be expended on this drug is up to $100,000, then pending available funding[. ]; and (14) Itraconazole for the treatment of Blastomycosis and Histoplasmosis. Issued in Austin, Texas, on February 2, 1994. TRD-9435557 Susan K. Steeg General Counsel Texas Department of Health Effective date: February 2, 1994 Expiration date: June 3, 1994 For further information, please call: (512) 458-7500