The Texas Department of State Health Services (department) adopted new §§96.101,96.201 – 96.203, 96.301 – 96.304, 96.401, 96.402, 96.501 and the repeal of 96.601. The amendments are adopted to be effective July 23, 2006.
The amendments and repeal are necessary to comply with Health and Safety Code, §§81.301 - 81.307, which requires the department to establish an exposure control plan designed to minimize exposure of governmental entity employees to Bloodborne pathogens and to continue a registration program for needleless systems and sharps with engineered sharp injury protections; and House Bill 2292, 78th Legislature, Regular Session, 2003,§2.42, added Health and Safety Code, §12.0112, which requires that the term for licenses issued or renewed after January 1, 2005, will be two years.
Government Code, §2001.039, requires that each state agency review and consider for readoption 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, 96.501, and 96.601 have been reviewed, and the department has determined that reasons for adopting the sections continue to exist because rules on this subject are needed and required by law; except that §96.601 will be repealed because the rule is no longer necessary.
Summary of Amendments
Amendments to §96.101 add more components to the definitions; §§96.201 - 96.203, 96.301 - 96.304, 96.401, 96.402 and 96.501 update and correct the department's reference from the "Texas Department of Health" to the "Department of State Health Services"; §§96.202 and 96.401 provide a new website; amendments to §§96.302 and §§96.304 add a two-year period for registration and renewal fees; §§96.301 and §§96.501 are amended to cease the granting of Undue Burden and Rural Counties waivers, legislation for granting the waivers has expired (Chapter 1411, 76th Legislature §26.02).
Adopted Rules ( PDF, 35.9Kb)