TITLE 25HEALTH SERVICES



The existing rule, §85.1, for Health Authorities in Texas Administrative Code Title 25, Chapter 85, Subchapter A is being repealed. The new rules for Local Public Health will be located in the same chapter of Texas Administrative Code Title 25, Chapter 85.TITLE 25HEALTH SERVICESPART 1DEPARTMENT OF STATE HEALTH SERVICESCHAPTER 85LOCAL PUBLIC HEALTH AUTHORITIESSUBCHAPTER A LOCAL PUBLIC HEALTH§85.1. Definitions.The following terms and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Department--Department of State Health Services.(2) Essential public health services--As defined by Texas Health and Safety Code, Chapter 121.(3) Health authority--A physician who administers state and local laws relating to public health, appointed under the Local Public Health Reorganization Act, Texas Health and Safety Code, Chapter 121, by the governing body of a city, county, or public health district.(4) Local public health entity--A local health unit, local health department, or public health district.(5) Public health data--Any data relating to:(A) the health status of people, living or dead; (B) health, including data on the extent and nature of the disease, illness, disability, injury, and other aspects of well-being; (C) environmental, behavioral, occupational, social, and other health hazards; and(D) determinants of health.(6) Region--A geographic area in the State of Texas designated by the department. (7) Regional Director--A physician who is employed by the department and serves as the chief administrative officer of a region. §85.3. Health Authorities.(a) A health authority must be appointed in a municipality or county that has established a local health department or public health district. (1) The director of a local health department or public health district, if the director is a physician, shall be the health authority within the jurisdiction of the local health department or public health district. (2) If a non-physician serves as the director of a local health department or public health district, the director shall appoint a physician to serve as the health authority within the jurisdiction of such local health department or public health district, subject to the approval of the governing body of the local health department or public health district. No action is required by the department to further approve the appointment. (b) A health authority may be appointed, but is not required to be appointed, in a municipality or county that has not established a local health department or public health district. The governing body of the municipality or the commissioners court of the county may appoint the health authority within its jurisdiction. (c) A health authority serves for a term of two years and may be appointed to successive terms. (d) A regional director of the department shall perform the duties of a health authority when there is no health authority for a municipality, county, public health district, or entity authorized to appoint a health authority in a jurisdiction in the regional director's region. (e) A regional director of the department may perform some or all of the duties of a health authority, if an appointed health authority fails to perform duties prescribed by the department in this section. At the request of the appointing authority, a regional director may serve as a health authority because of the absence or incapacity of the appointed health authority. No action by the department is necessary to further approve a regional director's performance or service. (f) A health authority shall perform each duty that is necessary to implement and enforce a law to protect the public health, as stated in the Texas Health and Safety Code, §121.024. (g) An appointed health authority shall take the official oath required by the Texas Constitution, Article 16, §1, including the statement of appointed officer, and file a copy of the oath and appointment with the appropriate regional office within 10 working days of the date of taking the oath. (h) If a health authority ceases to hold office for any reason, the appointing authority shall immediately notify the department and appropriate regional director. When a new health authority has been appointed, the person takes the action outlined in subsection (g) of this section and notifies the appropriate regional office of the change. §85.4. Public Health Data Review Process.(a) For any public health data request not subject to an existing agreement with the department, the local public health entity submits a request to the department using procedures posted on the department’s website.(b) The local public health entity must provide sufficient information in its data request for the department to determine if the data will be used in the provision of essential public health services.(c) The department evaluates all requests timely to ensure the requests are processed as expeditiously and consistently as department resources allow.(d) Requests are evaluated on the following criteria:(1) the public health benefit and purpose of the request;(2) the privacy of the individuals whose data is requested;(3) the management of the data by the requestor, including management of public health data released to the requestor in previous requests; and(4) other relevant state and federal laws regarding the confidentiality of data.(e) The department may require the local public health entity to enter into a written agreement before the release of data.(f) The department notifies a requesting local public health entity in writing of any denied request and the reason for the denial.TITLE 25HEALTH SERVICESPART 1DEPARTMENT OF STATE HEALTH SERVICESCHAPTER 85HEALTH AUTHORITIESSUBCHAPTER ALOCAL PUBLIC HEALTH§85.1. Health Authorities.(a) A health authority is a physician appointed under the Local Public Health Reorganization Act, Health and Safety Code, Chapter 121, by the governing body of a city, county, or public health district to administer the state and local laws relating to public health. (b) A health authority must be appointed in a municipality or county that has established a local health department or public health district. (1) The director of a local health department or public health district, if the director is a physician, shall be the health authority within the jurisdiction of the local health department or district. (2) If a non-physician serves as the director of a local health department or public health district, the director shall appoint a physician to serve as the health authority within the jurisdiction of such local health department or district subject to the approval of the governing body of the local health department or public health district. No action is required by the department to further approve the appointment. (c) A health authority may be appointed, but is not required to be appointed, in a municipality or county that has not established a local health department or public health district. The governing body of the municipality or the commissioners court of the county may appoint the health authority within its jurisdiction. (d) A health authority serves for a term of two years and may be appointed to successive terms. (e) A regional director of the department shall perform the duties of a health authority for a municipality, county, public health district, or entity authorized to appoint a health authority in a jurisdiction in the regional director's region in which there is no health authority. A regional director is a physician who is employed by the department and serves as the chief administrative officer of a region. A region is a geographic area of the State of Texas designated by the department. (f) A regional director of the department may perform some or all of the duties of a health authority if an appointed health authority fails to perform duties prescribed by the department in this section. At the request of the appointing authority, a regional director may serve as a health authority because of the absence or incapacity of the appointed health authority. No action by the department is necessary to further approve a regional director's performance or service. (g) A health authority shall perform each duty that is necessary to implement and enforce a law to protect the public health as stated in the Health and Safety Code, §121.024. (h) An appointed health authority shall take the official oath required by the Texas Constitution, Article 16, §1, including the statement of appointed officer and file a copy of the oath and appointment with the appropriate regional office within ten working days of the date of taking the oath. (i) If a health authority ceases to hold office for any reason, the appointing authority shall immediately notify the department and appropriate regional director. When a new health authority has been appointed, the person will take the action outlined in subsection (h) of this section and notify the appropriate regional office of the change. ................
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