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Statutes > Texas > Health-and-safety-code > Title-12-health-and-mental-health > Chapter-1001-department-of-state-health-services

HEALTH AND SAFETY CODE

TITLE 12. HEALTH AND MENTAL HEALTH

CHAPTER 1001. DEPARTMENT OF STATE HEALTH SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1001.001. DEFINITIONS. In this chapter:

(1) “Commission” means the Health and Human Services Commission.

(2) “Commissioner” means the commissioner of state health

services.

(3) “Council” means the State Health Services Council.

(4) “Department” means the Department of State Health Services.

(5) “Executive commissioner” means the executive commissioner of

the Health and Human Services Commission.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.002. AGENCY. The department is an agency of the

state.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.003. SUNSET PROVISION. The Department of State Health

Services is subject to Chapter 325, Government Code (Texas Sunset

Act). Unless continued in existence as provided by that chapter,

the department is abolished and this chapter expires September 1,

2013.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

928, Sec. 3.03, eff. June 15, 2007.

Acts 2009, 81st Leg., 1st C.S., Ch.

2, Sec. 2.09, eff. July 10, 2009.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 1001.021. STATE HEALTH SERVICES COUNCIL. (a) The State

Health Services Council is created to assist the commissioner in

developing rules and policies for the department.

(b) The council is composed of nine members of the public

appointed by the governor with the advice and consent of the

senate. To be eligible for appointment to the council, a person

must have demonstrated an interest in and knowledge of problems

and available services related to public health, mental health,

or substance abuse.

(c) The council shall study and make recommendations to the

executive commissioner and the commissioner regarding the

management and operation of the department, including policies

and rules governing the delivery of services to persons who are

served by the department and the rights and duties of persons who

are served or regulated by the department.

(d) Chapter 551, Government Code, applies to the council.

(e) Chapter 2110, Government Code, does not apply to the

council.

(f) A majority of the members of the council constitute a quorum

for the transaction of business.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.022. APPOINTMENTS. (a) Appointments to the council

shall be made without regard to the race, color, disability, sex,

religion, age, or national origin of the appointees.

(b) Appointments to the council shall be made so that each

geographic area of the state is represented on the council.

Notwithstanding Subsection (a), appointments to the council must

reflect the ethnic diversity of this state.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.023. TRAINING PROGRAM FOR COUNCIL MEMBERS. (a) A

person who is appointed as a member of the council may not vote,

deliberate, or be counted as a member in attendance at a meeting

of the council until the person completes a training program that

complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the department and the council;

(2) the programs operated by the department;

(3) the role and functions of the department and the council,

including detailed information regarding:

(A) the division of authority and of responsibility between the

commissioner and the executive commissioner; and

(B) the advisory responsibilities of the council;

(4) the rules of the executive commissioner applicable to the

department, with an emphasis on the rules that relate to

disciplinary and investigatory authority;

(5) the current budget for the department;

(6) the results of the most recent formal audit of the

department;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(C) the administrative procedure law, Chapter 2001, Government

Code; and

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the executive

commissioner or the Texas Ethics Commission.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.024. TERMS. (a) Council members serve for staggered

six-year terms with the terms of three members expiring February

1 of each odd-numbered year.

(b) A member of the council may not serve more than two

consecutive full terms as a council member.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.025. VACANCY. The governor by appointment shall fill

the unexpired term of a vacancy on the council.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.026. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS. (a)

The governor shall designate a member of the council as the

presiding officer to serve in that capacity at the pleasure of

the governor.

(b) The members of the council shall elect any other necessary

officers.

(c) The council shall meet quarterly and at other times at the

call of the presiding officer. The council may hold meetings in

different areas of the state.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.027. REIMBURSEMENT FOR EXPENSES. A council member may

not receive compensation for service as a member of the council

but is entitled to reimbursement for travel expenses incurred by

the member while conducting the business of the council as

provided by the General Appropriations Act.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.028. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)

The commissioner, with the advice of the council, shall prepare

information of public interest describing the functions of the

department and the procedures by which complaints are filed with

and resolved by the department. The commission shall make the

information available to the public and appropriate state

governmental entities.

(b) The executive commissioner by rule shall establish methods

by which consumers and service recipients are notified of the

name, mailing address, and telephone number of the department for

directing complaints to the department.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.029. PUBLIC ACCESS AND TESTIMONY. (a) The

commissioner shall develop and implement policies that provide

the public with a reasonable opportunity to appear before the

commissioner and to speak on any issue under the jurisdiction of

the department.

(b) The commissioner shall grant an opportunity for a public

hearing before the council makes recommendations to the

commissioner regarding a substantive rule if a public hearing is

requested by:

(1) at least 25 persons;

(2) a governmental entity; or

(3) an association with at least 25 members.

(c) The executive commissioner shall consider fully all written

and oral submissions about a proposed rule.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.030. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.

The commissioner, with the advice of the council and subject to

the approval of the executive commissioner, shall develop and the

department shall implement policies that clearly delineate the

policymaking responsibilities of the executive commissioner from

the management responsibilities of the commission, the

commissioner, and the staff of the department.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.031. ANNUAL REPORT. (a) The commissioner shall file

annually with the governor, the presiding officer of each house

of the legislature, and the executive commissioner a complete and

detailed written report accounting for all funds received and

disbursed by the department during the preceding fiscal year.

(b) The annual report must be in the form and be reported in the

time provided by the General Appropriations Act.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.032. OFFICES. The department shall maintain its

central office in Austin. The department may maintain offices in

other areas of the state as necessary.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.033. REPORT TO SECRETARY OF STATE. (a) In this

section, “colonia” means a geographic area that:

(1) is an economically distressed area as defined by Section

17.921, Water Code;

(2) is located in a county any part of which is within 62 miles

of an international border; and

(3) consists of 11 or more dwellings that are located in close

proximity to each other in an area that may be described as a

community or neighborhood.

(b) To assist the secretary of state in preparing the report

required under Section 405.021, Government Code, the commissioner

on a quarterly basis shall provide a report to the secretary of

state detailing any projects funded by the department that

provide assistance to colonias.

(c) The report must include:

(1) a description of any relevant projects;

(2) the location of each project;

(3) the number of colonia residents served by each project;

(4) the exact amount spent or the anticipated amount to be spent

on each colonia served by each project;

(5) a statement of whether each project is completed and, if

not, the expected completion date of the project; and

(6) any other information, as determined appropriate by the

secretary of state.

(d) The commission shall require an applicant for funds

administered by the commission to submit to the commission a

colonia classification number, if one exists, for each colonia

that may be served by the project proposed in the application.

If a colonia does not have a classification number, the

commission may contact the secretary of state or the secretary of

state’s representative to obtain the classification number. On

request of the commission, the secretary of state or the

secretary of state’s representative shall assign a classification

number to the colonia.

Added by Acts 2005, 79th Leg., Ch.

828, Sec. 5, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

341, Sec. 16, eff. June 15, 2007.

SUBCHAPTER C. PERSONNEL

Sec. 1001.051. COMMISSIONER. (a) The executive commissioner

shall appoint a commissioner of the department with the approval

of the governor. The commissioner is to be selected according to

education, training, experience, and demonstrated ability.

(b) The commissioner serves at the pleasure of the executive

commissioner.

(c) Subject to the control of the executive commissioner, the

commissioner shall act as the department’s chief administrative

officer and as a liaison between the department and commission.

(d) The commissioner shall administer this chapter under

operational policies established by the executive commissioner

and in accordance with the memorandum of understanding under

Section 531.0055(k), Government Code, between the commissioner

and the executive commissioner, as adopted by rule.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.052. PERSONNEL. (a) The department may employ,

compensate, and prescribe the duties of personnel necessary and

suitable to administer this chapter.

(b) The executive commissioner shall prepare and by rule adopt

personnel standards.

(c) A personnel position may be filled only by an individual

selected and appointed on a nonpartisan merit basis.

(d) The commissioner, with the advice of the council, shall

develop and the department shall implement policies that clearly

define the responsibilities of the staff of the department.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.053. INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OF

CONDUCT. The commissioner or the commissioner’s designee shall

provide to department employees, as often as necessary,

information regarding the requirements for employment under this

chapter or rules adopted by the executive commissioner, including

information regarding a person’s responsibilities under

applicable laws relating to standards of conduct for state

employees.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.054. MERIT PAY. Subject to rules adopted by the

executive commissioner, the commissioner or the commissioner’s

designee shall develop a system of annual performance

evaluations. All merit pay for department employees must be given

under the system established under this section or under rules

adopted by the executive commissioner.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.055. CAREER LADDER. The commissioner or the

commissioner’s designee shall develop an intra-agency career

ladder program. The program must require intra-agency postings of

all nonentry-level positions concurrently with any public

posting.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.056. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a)

Subject to rules adopted by the executive commissioner, the

commissioner or the commissioner’s designee shall prepare and

maintain a written policy statement that implements a program of

equal employment opportunity to ensure that all personnel

decisions are made without regard to race, color, disability,

sex, religion, age, or national origin.

(b) Unless the following are included in a policy statement

adopted by the executive commissioner that is applicable to the

department, the policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, training, and promotion of

personnel, that show the intent of the department to avoid the

unlawful employment practices described by Chapter 21, Labor

Code; and

(2) an analysis of the extent to which the composition of the

department’s personnel is in accordance with state and federal

law and a description of reasonable methods to achieve compliance

with state and federal law.

(c) The policy statement must be:

(1) updated annually;

(2) reviewed by the state Commission on Human Rights for

compliance with Subsection (b)(1); and

(3) filed with the governor’s office.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT

Sec. 1001.071. GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED

TO HEALTH CARE. The department is responsible for administering

human services programs regarding the public health, including:

(1) implementing the state’s public health care delivery

programs under the authority of the department;

(2) administering state health facilities, hospitals, and health

care systems;

(3) developing and providing health care services, as directed

by law;

(4) providing for the prevention and control of communicable

diseases;

(5) providing public education on health-related matters, as

directed by law;

(6) compiling and reporting health-related information, as

directed by law;

(7) acting as the lead agency for implementation of state

policies regarding the human immunodeficiency virus and acquired

immunodeficiency syndrome and administering programs related to

the human immunodeficiency virus and acquired immunodeficiency

syndrome;

(8) investigating the causes of injuries and methods of

prevention;

(9) administering a grant program to provide appropriated money

to counties, municipalities, public health districts, and other

political subdivisions for their use to provide or pay for

essential public health services;

(10) administering the registration of vital statistics;

(11) licensing, inspecting, and enforcing regulations regarding

health facilities, other than long-term care facilities regulated

by the Department of Aging and Disability Services;

(12) implementing established standards and procedures for the

management and control of sanitation and for health protection

measures;

(13) enforcing regulations regarding radioactive materials;

(14) enforcing regulations regarding food, bottled and vended

drinking water, drugs, cosmetics, and health devices;

(15) enforcing regulations regarding food service

establishments, retail food stores, mobile food units, and

roadside food vendors; and

(16) enforcing regulations controlling hazardous substances in

households and workplaces.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.0711. SCHOOL HEALTH ADVISORY COMMITTEE. (a) The

commission by rule shall establish a School Health Advisory

Committee at the department to provide assistance to the council

in establishing a leadership role for the department in support

for and delivery of coordinated school health programs and school

health services.

(b) The committee shall include at least:

(1) one representative from the Department of Agriculture,

appointed by the commissioner of agriculture; and

(2) one representative from the Texas Education Agency,

appointed by the commissioner of education.

(c) Section 2110.008, Government Code, does not apply to a

committee created under this section.

Added by Acts 2005, 79th Leg., Ch.

784, Sec. 9, eff. June 17, 2005.

Sec. 1001.072. GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED

TO MENTAL HEALTH. The department is responsible for

administering human services programs regarding mental health,

including:

(1) administering and coordinating mental health services at the

local and state level;

(2) operating the state’s mental health facilities; and

(3) inspecting, licensing, and enforcing regulations regarding

mental health facilities, other than long-term care facilities

regulated by the Department of Aging and Disability Services.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.073. GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED

TO SUBSTANCE ABUSE. The department is responsible for

administering human services programs regarding substance abuse,

including:

(1) administering, coordinating, and contracting for the

delivery of substance abuse prevention and treatment programs at

the state and local level;

(2) inspecting, licensing, and enforcing regulations regarding

substance abuse treatment facilities; and

(3) providing public education on substance abuse issues, as

directed by law.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.074. INFORMATION REGARDING COMPLAINTS. (a) The

department shall maintain a file on each written complaint filed

with the department. The file must include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the department;

(3) the subject matter of the complaint;

(4) the name of each person contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) an explanation of the reason the file was closed, if the

department closed the file without taking action other than to

investigate the complaint.

(b) The department shall provide to the person filing the

complaint and to each person who is a subject of the complaint a

copy of the executive commissioner’s and the department’s

policies and procedures relating to complaint investigation and

resolution.

(c) The department, at least quarterly until final disposition

of the complaint, shall notify the person filing the complaint

and each person who is a subject of the complaint of the status

of the investigation unless the notice would jeopardize an

undercover investigation.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.075. RULES. The executive commissioner may adopt

rules reasonably necessary for the department to administer this

chapter, consistent with the memorandum of understanding under

Section 531.0055(k), Government Code, between the commissioner

and the executive commissioner, as adopted by rule.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

Sec. 1001.076. MENTAL HEALTH PROGRAM FOR VETERANS. (a) In this

section, “veteran” means a person who:

(1) has served in:

(A) the army, navy, air force, coast guard, or marine corps of

the United States;

(B) the state military forces as defined by Section 431.001,

Government Code; or

(C) an auxiliary service of one of those branches of the armed

forces; and

(2) has been honorably discharged from the branch of the service

in which the person served.

(b) The department shall develop a mental health intervention

program for veterans. The program must provide for peer-to-peer

counseling.

(c) The department shall solicit and train volunteers to provide

the peer-to-peer counseling.

Added by Acts 2009, 81st Leg., R.S., Ch.

525, Sec. 1, eff. June 19, 2009.

SUBCHAPTER F. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION

SYSTEM (MEDCARES)

Text of subchapter effective on September 1, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 1238, Sec. 7(f), which states: This section

does not make an appropriation. This section takes effect only if

a specific appropriation for the implementation of the section is

provided in a general appropriations act of the 81st Legislature.

Sec. 1001.151. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION

SYSTEM GRANT PROGRAM. (a) The department shall establish the

Texas Medical Child Abuse Resources and Education System

(MEDCARES) grant program to award grants for the purpose of

developing and supporting regional programs to improve the

assessment, diagnosis, and treatment of child abuse and neglect

as described by the report submitted to the 80th Legislature by

the committee on pediatric centers of excellence relating to

abuse and neglect in accordance with Section 266.0031, Family

Code, as added by Chapter 1406 (S.B. 758), Acts of the 80th

Legislature, Regular Session, 2007.

(b) The department may award grants to hospitals or academic

health centers with expertise in pediatric health care and a

demonstrated commitment to developing basic and advanced programs

and centers of excellence for the assessment, diagnosis, and

treatment of child abuse and neglect.

(c) The department shall encourage collaboration among grant

recipients in the development of program services and activities.

Added by Acts 2009, 81st Leg., R.S., Ch.

1238, Sec. 7(a), eff. September 1, 2009.

Sec. 1001.152. USE OF GRANT. A grant awarded under this

subchapter may be used to support:

(1) comprehensive medical evaluations, psychosocial assessments,

treatment services, and written and photographic documentation of

abuse;

(2) education and training for health professionals, including

physicians, medical students, resident physicians, child abuse

fellows, and nurses, relating to the assessment, diagnosis, and

treatment of child abuse and neglect;

(3) education and training for community agencies involved with

child abuse and neglect, law enforcement officials, child

protective services staff, and children’s advocacy centers

involved with child abuse and neglect;

(4) medical case reviews and consultations and testimony

regarding those reviews and consultations;

(5) research, data collection, and quality assurance activities,

including the development of evidence-based guidelines and

protocols for the prevention, evaluation, and treatment of child

abuse and neglect;

(6) the use of telemedicine and other means to extend services

from regional programs into underserved areas; and

(7) other necessary activities, services, supplies, facilities,

and equipment as determined by the department.

Added by Acts 2009, 81st Leg., R.S., Ch.

1238, Sec. 7(a), eff. September 1, 2009.

Sec. 1001.153. MEDCARES ADVISORY COMMITTEE. The executive

commissioner shall establish an advisory committee to advise the

department and the executive commissioner in establishing rules

and priorities for the use of grant funds awarded through the

program. The advisory committee is composed of the following

nine members:

(1) the state Medicaid director or the state Medicaid director’s

designee;

(2) the medical director for the Department of Family and

Protective Services or the medical director’s designee; and

(3) as appointed by the executive commissioner:

(A) two pediatricians with expertise in child abuse or neglect;

(B) a nurse with expertise in child abuse or neglect;

(C) a representative of a pediatric residency training program;

(D) a representative of a children’s hospital;

(E) a representative of a children’s advocacy center; and

(F) a member of the Governor’s EMS and Trauma Advisory Council.

Added by Acts 2009, 81st Leg., R.S., Ch.

1238, Sec. 7(a), eff. September 1, 2009.

Sec. 1001.154. GIFTS AND GRANTS. The department may solicit and

accept gifts, grants, and donations from any public or private

source for the purposes of this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1238, Sec. 7(a), eff. September 1, 2009.

Sec. 1001.155. REQUIRED REPORT. Not later than December 1 of

each even-numbered year, the department, with the assistance of

the advisory committee established under this subchapter, shall

submit a report to the governor and the legislature regarding the

grant activities of the program and grant recipients, including

the results and outcomes of grants provided under this

subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1238, Sec. 7(a), eff. September 1, 2009.

Sec. 1001.156. RULES. The executive commissioner may adopt

rules as necessary to implement this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1238, Sec. 7(a), eff. September 1, 2009.

Sec. 1001.157. APPROPRIATION REQUIRED. The department is not

required to award a grant under this subchapter unless the

department is specifically appropriated money for purposes of

this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1238, Sec. 7(a), eff. September 1, 2009.