TEXAS DEPARTMENT OF HEALTH RULE REVIEW PLAN

In accordance with the General Appropriations Act, Article IX, Rider 167, the Texas Department of Health submits the following plan for review of its rules.
CHAPTER

(See end of plan on numbers with *)

CHAPTER TITLE

UNDESIGNATED HEAD OR SUBCHAPTER TITLE

DATES OF NOTICE OF PROPOSED RULE REVIEW

RESPONSIBLE OFFICE

(See end of plan for office names)

1 Texas Board of Health Procedures and Policies Sept., 1998 thru Jan.,1999 OGC
1 Texas Board of Health Formal Hearings Procedures Sept. 1998 thru Jan. 1999 OGC
1 Texas Board of Health Informal Hearings Procedures Sept. 1998 thru Jan. 1999 OGC
1 Texas Board of Health State Employee Health Fitness and Education Programs Sept. 1998 thru Jan. 1999 DCP
1 Texas Board of Health Use of Departmental Facilities by Public Health Related Organizations and Public Employee Organizations Sept. 1998 thru Jan. 1999 OGC
1 Texas Board of Health Petition for the Adoption of a Rule Sept. 1998 thru Jan. 1999 OGC
1 Texas Board of Health Clinical Health Services Sept. 1998 thru Jan. 1999 HCD
1 Texas Board of Health Public Health Promotion (1.101-MOU on Public Awareness Information) Sept. 1998 thru Jan. 1999 COMM
1 Texas Board of Health Public Health Promotion (1.104-Signs On Sale of Tobacco to Minors) Sept. 1998 thru Jan. 1999 DCP
1 Texas Board of Health Reimbursement Programs Sept. 1998 thru Jan. 1999 OGC
1 Texas Board of Health Services to Disabled Persons Sept. 1998 thru Jan. 1999 HCD
1 Texas Board of Health Definition, Treatment, and Disposition of Special Waste from Health Care-Related Facilities Sept. 1998 thru Jan. 1999 ECH
1 Texas Board of Health Medical Advisory Board Sept. 1998 thru Jan. 1999 HCQS
1 Texas Board of Health Payment of Franchise Taxes by Corporations Contracting with TDH Or Applying for License from TDH. Sept. 1998 thru Jan. 1999 OGC
1 Texas Board of Health Personnel Policies and Procedures Sept. 1998 thru Jan. 1999 HRS
1 Texas Board of Health Procurement of Professional Services Sept. 1998 thru Jan. 1999 OGC
1 Texas Board of Health Complaints Sept. 1998 thru Jan. 1999 OGC
1 Texas Board of Health Investigations of Abuse, Neglect, or Exploitation of Children or Elderly or Disabled Persons Sept. 1998 thru Jan. 1999 OGC
1 Texas Board of Health Standards for Conduct Governing the Relationship Between TDH and Private Donors and Private Organizations Sept. 1998 thru Jan. 1999 OGC
1 Texas Board of Health Failure to Pay Child Support Sept. 1998 thru Jan. 1999 OGC
3 MOU w/Other State Agencies (3.21-MOU with DPRS on Elderly Abuse) Sept. 1998 thru Jan. 1999 OGC
3 MOU w/Other

State Agencies

(3.31-MOU on Care for Offenders in Criminal Justice System) Sept. 1998 thru Jan. 1999 DCP
3 MOU w/Other

State Agencies

(3.41-Contract with Texas Health Care Information Council) Sept. 1998 thru Jan. 1999 SHDPA
5 Grants and Contracts Block Grant Program Feb. 1999 thru June 1999 OGC
5 Grants and Contracts Poison Control Centers Feb. 1999 thru June 1999 DCP
13 Health Planning and Resource Development Federal Laws and Regulations Governing Texas Public Health Services July 1999 thru Nov. 1999 OGC
13 Health Planning and Resource Development (All other subchapters) Feb. 1999 thru June 1999 SHDPA
14 County Indigent Health Care Program (All)

Sept. 1998 thru Jan. 1999 HCF
28 Third-Party Resources (All) Feb. 1999 thru June 1999 HCF
29* Purchased Health Services (All) July 1999 thru Nov. 1999 HCF
30 Medicaid Managed Care (All) Dec. 1999 thru April 2000 HCF
31* Nutrition Services (All) Feb. 1999 thru June 1999 HCD
32 Case Management Case Management for Children Who Are Blind and Visually Impaired Dec. 1999 thru April 2000 HCF
32 Case Management Case Management for High Risk Pregnant Women and High-Risk Infants Dec. 1999 thru April 2000 HCD
33* EPSDT (All) May 2000 thru Sept. 2000 HCD
35* Pharmacy Services (All) Dec. 1999 thru April 2000 HCF
36 Medicaid Program Appeals Procedures (All) Oct. 2000 thru Feb. 2001 HCF
37 Maternal and Child Health Services (All-except Hemophilia Assistance Program, Epilepsy Program and Surveillance and Control of Birth Defects) Dec. 1999 thru April 2000 HCD
37 Maternal and Child Health Services Hemophilia Assistance Program Dec. 1999 thru April 2000 HCF
37 Maternal and Child Health Services Epilepsy Program Dec. 1999 thru April 2000 HCF
37 Maternal and Child Health Services Surveillance and Control of Birth Defects Dec. 1999 thru April 2000 DCP
38 Chronically Ill & Disabled Children's Services Program (All) Dec. 1999 thru April 2000 HCD
39 Primary Health Care Services Program (All) May 2000 thru Sept. 2000 HCD
40 Medical Transportation (All) Oct. 2000 thru Feb. 2001 HCD
41 Utilization Review (All) May 2000 thru Sept. 2000 HCF
43 Utilization Control (All) May 2000 thru Sept. 2000 HCF
49 Oral Health Improvement Services Program (All) Oct. 2000 thru Feb. 2001 HCD
56 Family Planning (All) Oct. 2000 thru Feb. 2001 HCD
61 Chronic Diseases Kidney Health Care Program Oct. 2000 thru Feb. 2001 HCF
61 Chronic Diseases Diabetic Eye Disease Detection Initiative July 1999 thru Nov. 1999 DCP
61 Chronic Diseases Breast and Cervical Cancer Control Program July 1999 thru Nov. 1999 DCP
73* Laboratories (All) Feb. 1999 thru June 1999 DCP
79 Legal Action Relating to Providers of Medical Assistance (All) Oct. 2000 thru Feb. 2001 OGC
85 Community Health Services (All) Sept. 1998 thru Jan. 1999 OP
87 Controlled Substances (All) Feb. 1999 thru June 1999 ECH
91* Cancer (All) July 1999 thru Nov. 1999 DCP
97* Communicable Diseases (All) Dec. 1999 thru April 2000 DCP
98* HIV and STD Control (All) May 2000 thru Sept. 2000 DCP
103* Injury Prevention and Control (All) Dec. 1999 thru April 2000 DCP
109 TDH Hospitals (All) July 1999 thru Nov. 1999 OP
111 Special Health Services (All) Feb. 1999 thru June 1999 HCQS
113 Special Health Services Permits (All) Dec. 1999 thru April 2000 HCQS
117 End Stage Renal Disease Facilities (All) May 2000 thru Sept. 2000 HCQS
121 Hospital Certification and Consultation (All) Dec. 1999 thru April 2000 HCQS
123 Respiratory Care Practitioner Certification (All) Dec. 1999 thru April 2000 HCQS
125 Special Care Facilities (All) Feb. 1999 thru June 1999 HCQS
127 Registry for Providers of Health-Related Services (All) May 2000 thru Sept. 2000 HCQS
129 Optician's Registry (All) May 2000 thru Sept. 2000 HCQS
130 Code Enforcement Registry (All) Feb. 1999 thru June 1999 ECH
134 Private Psychiatric Hospital and Crisis Stabilization Units (All) July, 1999 thru Nov., 1999 HCQS
135 Ambulatory Surgical Centers (All) May 2000 thru Sept. 2000 HCQS
141 Massage Therapists (All) Oct. 2000 thru Feb. 2001 HCQS
143 Medical Radiologic Technologists (All) Oct. 2000 thru Feb. 2001 HCQS
145 Nursing Facilities and Related Institutions (All) Feb. 1999 thru June 1999 OGC
157* Emergency Medical Care (All) Feb. 1999 thru June 1999 HCQS
169* Zoonosis Control (All) May 2000 thru Sept. 2000 DCP


181*
Vital Statistics (All) Oct. 2000 thru Feb. 2001 HCQS
193 Administrative Services (All) May 2000 thru Sept. 2000 OGC
205 Product Safety (All, except Bedding Rules) Oct. 2000 thru Feb. 2001 ECH
205 Product Safety Bedding Rules Feb. 1999 thru June 1999 ECH
217* Milk and Dairy (All) Feb. 1999 thru June 1999 ECH
221 Meat Safety Assurance (All) Dec. 1999 thru April 2000 ECH
229* Food and Drug Section titles are:
  • Minimum Standards for Narcotic Treatment Programs
  • Food Service Sanitation,
  • Regulation of Food, Drug, Device, and Cosmetic Salvage Establishments and Brokers,
  • Retail Food Store Sanitation,
  • Licensure of Device Distributors and Manufacturers,
  • Licensing of Wholesale Distributors of Drugs,
Sept. 1998 thru Jan. 1999 ECH
229* Food and Drug Permitting Retail Food Establishments Feb. 1999 thru June 1999 ECH
229* Food and Drug Section titles are:
  • Federal Laws and Regulations on Food and Drugs,
  • Special Dietary Foods,
  • Sanitary Rules for Food and Drug Establishments,
  • Administrative or Civil Penalties,
  • Permit Applications,
  • Issuance of Certificates of Free Sale and Certificates of Origin
July 1999 thru Nov. 1999 ECH
229* Food and Drug Section titles are:
  • Purchase of Domestic Beef,
  • Canned Foods,
  • Manufacture, Storage, and Distribution of Ice Sold for Human Consumption
  • Sanitation in Pecan Shelling Plants
Dec. 1999 thru April 2000 ECH
229* Food and Drug Section titles are:
  • Licensure of Manufacturers of Food and Wholesale Distributors of Food,
  • Chemical and Pesticide Tolerance Levels in Food,
  • Pesticides in Food,
  • Licensure of Tanning Facilities
May 2000 thru Sept. 2000 ECH
229* Food and Drug Production, Processing, and Distribution of Bottled and Vended Drinking Water Oct. 2000 thru Feb. 2001 ECH
253 Environmental Engineering (All) Oct. 2000 thru Feb. 2001 ECH
265 General Sanitation Texas Youth Camps Safety and Health Sept. 1998 thru Jan. 1999 ECH
265 General Sanitation Section titles are:
  • Health and Sanitation for Mass Gatherings,
  • Migrant Labor Housing Facilities,
  • Water Systems Serving Camps,
  • Minimum Standards of Environmental Health for State Department of Public Welfare Licensed Therapeutic Camps
May 2000 thru Sept. 2000 ECH
265 General Sanitation Section titles are:
  • Minimum Standards for Mobile Home Developments,
  • Sanitary Conditions of Barber Shops, Barber Schools, and Colleges,
  • Filling Stations
  • Standards for Public Restroom Facilities
Oct. 2000 thru Feb. 2001 ECH
289* Radiation Control Section titles are:
  • §289.2-Control of Laser Radiation Hazards,
  • §289.101-Memorandum of Understanding Regarding Radiation Control Functions,
  • §289.115-Radiation Safety Requirements and Licensing and Registration Procedures for Industrial Radiography,
  • §289.125-Licensing Requirements for Near-Surface Land Disposal of Radioactive Waste,
  • §289.127-Licensing of Naturally Occurring Radioactive Material (NORM),
  • §289.5-Texas AEC Regulatory Transfer Agreement,
  • §289.81- Memorandum of Understanding on In Situ Uranium Mining Between the Texas Department of Health and the Texas Department of Water Resources
Sept. 1998 thru Jan. 1999 ECH
289* Radiation Control Section titles are:
  • §289.3-Control of Infrasonic, Sonic, and Ultrasonic Radiation,
  • §289.130-Radiation Advisory Board,
  • §289.112-Hearing and Enforcement Procedures,
  • §289.118-Radiation Safety Requirements for Analytical X-Ray Equipment,
  • 289.119-Radiation Safety Requirements for Particle Accelerators,
  • §289.251-Exemptions, General Licenses and General License Acknowledgements,
  • §289.253-Radiation Safety Requirements for Well Logging Service Operations and Tracer Studies,
  • §289.256-Use of Sealed Sources in the Healing Arts,
  • §289.258-Licensing and Radiation Safety Requirements for Irradiators
May 2000 thru Sept. 2000 ECH
295* Occupational Health (All-except Hazard Communication) Dec. 1999 thru April 2000 ECH
295* Occupational Health Hazard Communication Sept. 1998 thru Jan. 1999 ECH
337 Water Hygiene Certification of Bottled Water Plant Operators and Professional Sanitarians Oct. 2000 thru Feb. 2001 ECH
337 Water Hygiene Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems Oct. 2000 thru Feb. 2001 DCP
337 Water Hygiene Design Standards for Public Swimming Pool Construction Sept. 1998 thru Jan. 1999 ECH
339 Toxicology (All) Oct. 2000 thru Feb. 2001 DCP

The Responsible Office is as follows:

ECH-Associate Commissioner for Environmental and Consumer Health

HCD-Associate Commissioner for Health Care Delivery

HCF-Deputy Commissioner for Health Care Financing

HCQS-Associate Commissioner for Health Care Quality and Standards

HRS-Associate Commissioner for Human Resources and Support

OGC-Office of General Counsel

OP-Associate Commissioner for Operations

SHDPA-Bureau of State Health Data and Policy Analysis

DCP-Associate Commissioner for Disease Control and Prevention

COMM-Division of Communications and Special Health Initiatives

The dates of notice of proposed rule review reflect the time period during which the notice requesting comments will be published, comments will be received, and either proposed rules or notice of the adoption of rules without changes will be presented for Board of Health approval. The dates include any appropriate advisory committee review. The dates do not include the time period for adoption of rules with changes which will add an additional time of three to six months.

*The following are new sections or amendments to sections which became effective after September 1, 1997, and are not required to be reviewed under Rider 167. These sections are excluded from the Plan to Review Rules and will not be reviewed.

OGC Texas Board of Health, §1.251, Procedures for Handling Requests for Public Information

HCF Purchased Health Services, §29.1130, Provider Compliance with DME Certification Requirements

HCF Purchased Health Services, §29.6, Surety Bond Requirements

HCF Purchased Health Services, §29.38, Competitive Procurement of DME and Supplies

HCF Purchased Health Services, §29.302, Authorized Home Health Services

HCF Purchased Health Services, §29.502, Authorized Physician Services

HCF Purchased Health Services, §29.601, Payment for Hospital Services

HCF Purchased Health Services, §29.606, Reimbursement Methodology for Inpatient Hospital Services

HCF Purchased Health Services, §29.609, Additional Reimbursement to Disproportionate Share Hospitals

HCF Purchased Health Services, §29.903, Authorized Ambulance Services

HCF Purchased Health Services, §29.1109, Coordination of Title XIX with Parts A and B of Title XVIII

HCF Purchased Health Services, §29.1126, In-Home Total Parental Hyperalimentation Services

HCD Nutrition Services, §31.1, Special Supplemental Food Program for Women, Infants, and Children (WIC)

HCD EPSDT, §§33.501-33.507, Subchapter J, Texas Health Steps Medical Case Management

HCD Waiver Program for Medically Dependent Children, Chapter 34

DCP Cancer, §91.1-91.14, Subchapter A, Cancer Registry

DCP Laboratories, §§73.22-73.24, Fees, Sale of Laboratory Services, Certification of Laboratories

DCP Communicable Diseases, §§97.121-97.125, Provision of Anti-Rabies Biologicals

DCP HIV and STD Control §§98.131-98.141, Medication Pilot Project

DCP Occupational Diseases, Chapter 99

DCP Tobacco, Chapter 101

DCP Injury Prevention and Control, §§103.1-103.4 and 103.7-103.8

HCQS Home and Community Support Services Agencies, Chapter 115

HCQS Permits for Contact Lens Dispensers, Chapter 128

HCQS Hospital Licensing, Chapter 133

HCQS Birthing Centers, Chapter 137

HCQS Abortion Facilities, Chapter 139

HCQS Emergency Medical Care, §157.130, Emergency Medical Services and Trauma Case System Fund

DCP Zoonosis Control, §§169.21-169.34, Rabies Control and Eradication

DCP Zoonosis Control, §§169.61-169.65, Subchapter C, Animal Shelters

DCP Zoonosis Control, §169.101, Animal Friendly Advisory Committee

HCQS Vital Statistics, §§181.8-181.9, Supplemental Birth Certificates and Paternity Files

HCQS Vital Statistics, §181.30, Medical Certification of Certificates of Death

ECH Milk and Dairy, §§217.81-217.82, Fees

ECH Food and Drug, §§229.121-229.129, Seafood Safety

ECH Food and Drug, §§229.402-229.411, Minimum Standards for Licensure of Tattoo Studios

ECH Shellfish Sanitation, §§241.1-241.7, Texas Crab Meat

ECH Shellfish Sanitation, §§241.50-241.67, Molluscan Shellfish

ECH Radiation Control, §289.201, General Provisions

ECH Radiation Control, §289.202, Standards for Protection Against Radiation

ECH Radiation Control, §§289.203-289.204, Notices, Instructions, Reports to Workers, and Inspections and Fees for Certificates of Registration, Radioactive Material(s) Licenses, Emergency Planning and Implementation, and other Regulatory Services.

ECH Radiation Control, §§289.226-289.227, Registration of Radiation Machine Use and Services and Use of Radiation Machines in the Healing Arts and Veterinary Medicine.

ECH Radiation Control, §289.230, Certification of Mammography Systems

ECH Radiation Control, §289.252, Licensing of Radioactive Material

ECH Radiation Control, §289.254, Licensing of Radioactive Waste Processing and Storage Facilities

ECH Radiation Control, §289.257, Packaging and Transportation of Radioactive Material

ECH Radiation Control, §289.260, Licensing of Uranium Recovery and ByProduct Material Disposal Facilities

ECH Occupational Health, §§295.201-295.220, Texas Environmental Lead Reduction

ECH Indoor Air Quality, Chapter 297

HCQS Texas Medical Disclosure Panel, §601.8, Hysterectomy Disclosure and Consent Form

In addition certain rules relating to Medicaid rates, fees, and charges will be transferred to the Health and Human Services Commission pursuant to Government Code, Section 531.021. Those rules are found in Chapters 29, 30, 32-35, 40 and 56. Upon transfer, those rules will not be subject to review by TDH under Rider 167 and will be excluded from TDH's Plan to Review Rules.

All comments and/or questions should be directed to Linda Wiegman, Supervising Attorney, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756.