TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 96. BLOODBORNE PATHOGEN CONTROL

25 TAC §§96.101, 96.201 - 96.203, 96.401

The Executive Commissioner of the Health and Human Services Commission (commission), on behalf of the Department of State Health Services (DSHS), adopts amendments to §§96.101, 96.201 - 96.203, and 96.401, concerning bloodborne pathogen control. Sections 96.101, 96.201 - 96.203 and 96.401 are adopted without changes to the proposed text as published in the February 10, 2017, issue of the Texas Register (42 TexReg 549), and therefore, the sections will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments update the list of conditions that are bloodborne pathogens, update the reporting period for a contaminated sharps injury to correlate with other Texas requirements, update website links and references, and revise the language for clarity and consistency.

The amendments comply with guidance from the Centers for Disease Control and Prevention (CDC) regarding surveillance for reportable conditions, and allow DSHS to conduct more relevant and efficient disease surveillance.

The amendments comply with Health and Safety Code, Chapter 81, which requires DSHS to identify each communicable disease or health condition which is reportable under the chapter.

The rules are also being revised in compliance with Government Code, §2001.039, which requires that each state agency review and consider for re-adoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 96.101, 96.201 - 96.203, 96.301 - 96.304, 96.401, 96.402 and 96.501 have been reviewed, and DSHS has determined that reasons for adopting the sections exist because rules on this subject are needed to administer the program effectively. There are amendments to §§96.101, 96.201 - 96.203, and 96.401 in this rulemaking. Sections 96.301 - 96.304, 96.402 and 96.501 have been reviewed and no amendments are needed.

COMMENTS

The 30-day comment period ended on March 13, 2017. During this period, DSHS did not receive any comments regarding the proposed rules.

STATUTORY AUTHORITY

The amendments are authorized by Health and Safety Code, §81.004, which authorizes rules necessary for the effective administration of the Communicable Disease Prevention and Control Act; §81.050, which requires a rule to describe criteria that constitute exposure to reportable diseases; and Government Code, §531.0055, and 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 DSHS and for the administration of Health and Safety Code, Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 1, 2017.

TRD-201702148

Lisa Hernandez

General Counsel

Department of State Health Services

Effective date: June 21, 2017

Proposal publication date: February 10, 2017

For further information, please call: (512) 776-6972