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 and 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 amended 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 Texas Board of Health (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 Stavudine, Clarithromycin, and Ethambutol, Ganciclovir, Megestrol Acetate and Azithromycin for eligible participants. The amendments are adopted on an emergency basis in order to provide medications to HIV-infected individuals expeditiously. It is imperative to address this serious and imminent peril to public health 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 board with the authority to adopt rules concerning the Texas HIV Medication Program; under Health and Safety Code, sec.12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health; and under Government Code, sec.2001.034, 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)-(16) (No change.) (17) Stavudine must be provided in increments of 60 not to exceed 60 capsules per month. (18) Clarithromycin must be provided in increments of 60 not to exceed 60 tablets per month. (19) Ethambutol must be provided in increments of 100 not to exceed 100 tablets per month. (20) Azithromycin must be provided in increments of 18 not to exceed 72 capsules per month. (21) Ganciclovir must be provided in increments of 500 mg/10 ml vials not to exceed 26 vials for the first 31-day treatment period, and 16 vials per month thereafter. (22) Megestrol Acetate suspension must be provided in increments of 40 mg/ml/8 oz. bottles not to exceed 3 bottles per month. sec.98.105. Drug specific eligibility criteria. A person is eligible for: (1)-(13) (No change.) (14) Stavudine for the treatment of adults with advanced HIV infection who are unable to tolerate Zidovudine, Didanosine, or Zalcitabine or who have experienced significant clinical or immunologic deterioration while receiving these antiretrovirals or for whom such antiretrovirals are contraindicated. (15) Clarithromycin and Ethambutol for the treatment and prophylaxis of Disseminated Mycobacterium Avium Complex (MAC). (16) Azithromycin for the treatment and prophylaxis of Disseminated Mycobacterium avium Complex (MAC) for individuals who have failed therapy on, or are intolerant to, Clarithromycin. (17) Ganciclovir for the treatment of Cytomegalovirus (CMV) disease to include retinitis and infections of major organs or organ systems, pending available funding. (18) Megestrol Acetate suspension for cachectic and anorexic patients living with AIDS who are characterized by profound, involuntary, acute weight loss of greater than or equal to 10% of baseline body weight or chronic weight loss of greater than or equal to 20% of baseline body weight, pending available funding. Issued in Austin, Texas, on November 28, 1994. TRD-9451560 Susan K. Steeg General Counsel Texas Department of Health Effective date: November 29, 1994 Expiration date: March 29, 1995 For further information, please call: (512) 458-7357