Texas Health And Safety Code Title 2, Chapter 12 - Powers And Duties Of Department Of State Health Services

SUBCHAPTER A GENERAL POWERS AND DUTIES

• Texas Section 12.0001 - Commissioner's Powers And Duties; Effect Of Conflict With Other Law
  To the extent a power or duty given to the commissioner by this title or another law conflicts with Section 531.0055, Government Code, Section 531.0055...
• Texas Section 12.001 - General Powers And Duties Of Executive Commissioner
  (a) The executive commissioner has general supervision and control over all matters relating to the health of the citizens of this state. (b) The executive...
• Texas Section 12.0011 - Investigations In General
  Subject to the oversight of the executive commissioner, the department shall examine, investigate, enter, and inspect any public place or public building as the department...
• Texas Section 12.002 - Certain Procedures For Investigations
  (a) The commissioner or the commissioner's designee may administer oaths, summon witnesses, and compel the attendance of witnesses in any matter proper for investigation by...

SUBCHAPTER B POWERS AND DUTIES OF DEPARTMENT

• Texas Section 12.003 - Legal Representation
  (a) A suit brought by the department must be brought in the name of the state. (b) The attorney general shall assign a special assistant...
• Texas Section 12.011 - Appropriations, Grants, And Donations
  (a) To carry out its duties and functions, the department may apply for, contract for, receive, and spend an appropriation or grant from the state,...
• Texas Section 12.0111 - Licensing Fees
  (a) This section applies in relation to each licensing program administered by the department or administered by a regulatory board or other agency that is...
• Texas Section 12.0112 - Term Of License
  (a) Notwithstanding other law and except as provided by Subsection (b), the term of each license issued by the department, or by a regulatory board...
• Texas Section 12.0115 - Integration Of Health Care Delivery Programs
  (a) In this section, "health care delivery programs" includes the department's primary health care services program, its program to improve maternal and infant health, its...
• Texas Section 12.012 - Awarding Contracts Or Grants And Selecting Service Providers
  (a) In awarding contracts or grants for services, or in selecting service providers under any program administered by the department, the department shall give preference...
• Texas Section 12.0121 - Contracting For Professional Services
  (a) In this section, "professional services" means those services performed by an individual who is licensed, certified, registered, or otherwise authorized by the state and...
• Texas Section 12.0122 - Sale Of Laboratory Services
  (a) The department may enter into a contract for the sale and provision of laboratory services in accordance with this section. (b) The department may...
• Texas Section 12.0125 - Drug Rebates
  (a) The department shall develop a voluntary drug manufacturer rebate program for drugs purchased by or on behalf of a client of the Kidney Health...
• Texas Section 12.0127 - Immigration Visa Waivers For Physicians
  (a) The department, in accordance with 8 U.S.C. Section 1182(e), as amended, under exceptions provided by 8 U.S.C. Section 1184(l), as amended, may request waiver...
• Texas Section 12.0128 - Health Alert Network
  The department shall include local health officials, the Texas Association of Community Health Centers, and the Texas Organization of Rural and Community Hospitals in the...
• Texas Section 12.013 - Driving And Traffic Policies
  (a) The department shall continuously study and investigate the medical aspects of: (1) the licensing of drivers; (2) the enforcement of traffic safety laws, including...
• Texas Section 12.014 - Registry
  (a) The department may establish a registry or system of registries for providers of health-related services who are not otherwise licensed, registered, or certified by...
• Texas Section 12.0145 - Information About Enforcement Actions
  (a) The department shall publish and provide information in accordance with this section regarding each final enforcement action taken by the department or commissioner against...
• Texas Section 12.0146 - Trends In Enforcement
  The department shall publish annually an analysis of its enforcement actions taken under state law with regard to each profession, industry, or type of facility...
• Texas Section 12.015 - Information On Community Services
  (a) If the department determines that a person is not eligible for a level of care in a nursing facility, the department shall inform the...
• Texas Section 12.016 - Public Hearing Procedures
  (a) Any statements, correspondence, or other form of oral or written communication made by a member of the legislature to a department official or employee...
• Texas Section 12.018 - Unannounced Inspections
  The department may make any inspection of a facility or program under the department's jurisdiction without announcing the inspection. Added by Acts 1995, 74th Leg.,...
• Texas Section 12.019 - Genetic Counseling Fees
  (a) The executive commissioner by rule may set a fee to be collected by the department for providing genetic counseling services. The fee may not...

SUBCHAPTER D FEES FOR PUBLIC HEALTH SERVICES

• Texas Section 12.020 - Protection And Use Of Intellectual Property
  (a) The department may: (1) apply for, register, secure, hold, and protect under the laws of the United States, any state, or any nation: (A)...
• Texas Section 12.031 - Definition
  In this subchapter, "public health services" means: (1) personal health promotion, maintenance, and treatment services; (2) infectious disease control and prevention services; (3) environmental and...
• Texas Section 12.032 - Fees For Public Health Services
  (a) The executive commissioner by rule may adopt fees to be collected by the department from a person who receives public health services from the...
• Texas Section 12.033 - Distribution And Administration Of Certain Vaccines And Sera
  (a) Except as otherwise provided by this section, the executive commissioner by rule shall adopt fees to be collected by the department for the distribution...
• Texas Section 12.034 - Collection Procedures
  (a) The executive commissioner shall establish procedures for the collection of fees for public health services. The procedures shall be used by the department and...
• Texas Section 12.035 - Public Health Services Fee Account
  (a) The department shall deposit all money collected for fees and charges collected under Sections 12.0122(d) and 12.032(a) in the state treasury to the credit...
• Texas Section 12.036 - Subrogation
  (a) In furnishing public health services to a person, the department is subrogated to the person's right of recovery from: (1) personal insurance; (2) another...
• Texas Section 12.037 - Modification, Suspension, Or Termination Of Services
  (a) The department may modify, suspend, or terminate public health services to a person for nonpayment of billed services after notice to the affected person...
• Texas Section 12.038 - Rules
  The executive commissioner may adopt rules necessary to implement this subchapter. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by:...

SUBCHAPTER E GRANTS OR CONTRACTS FOR PURCHASES OF PUBLIC HEALTH SERVICES, EQUIPMENT, OR SUPPLIES

• Texas Section 12.039 - Construction Of Other Laws
  (a) This subchapter does not repeal or modify a statute in effect on August 29, 1983, that fixes the amount, directs the disposition, prohibits the...
• Texas Section 12.051 - Provision Of Funds
  The department may provide funds by grant or contract to a qualified person for the purchase of services, equipment, or supplies to be used to...
• Texas Section 12.052 - Requirements For Expenditure Of Certain Funds
  (a) The expenditure of funds received by local units of government from the department is governed by Chapter 783, Government Code, and the rules adopted...
• Texas Section 12.053 - Inventory Requirements
  All equipment and supplies which are purchased through a program, contract, or grant with the department by or for qualified entities, including but not limited...
• Texas Section 12.054 - Disposition Of Certain Department Property
  (a) This section applies only to property that is surplus or salvage property under Chapter 2175, Government Code, and that is: (1) exempt under Section...
• Texas Section 12.055 - Certain Procurements Made With Department Funds
  (a) A state agency or local unit of government that expends funds received from the department for the acquisition of goods and services may satisfy...

SUBCHAPTER F OFFICE OF BORDER HEALTH

• Texas Section 12.056 - Participation In Department Purchasing Contracts Or Group Purchasing Program
  The department may allow a state agency, local unit of government, or private entity that expends funds received by the department to purchase goods or...

SUBCHAPTER H MEDICAL ADVISORY BOARD

• Texas Section 12.071 - Office Of Border Health
  The department shall establish and maintain an office in the department to coordinate and promote health and environmental issues between this state and Mexico. Added...
• Texas Section 12.091 - Definition
  In this subchapter, "panel" means a panel of the medical advisory board. Added by Acts 1995, 74th Leg., ch. 165, Sec. 9, eff. Sept. 1,...
• Texas Section 12.092 - Medical Advisory Board; Board Members
  (a) The commissioner shall appoint the medical advisory board members from: (1) persons licensed to practice medicine in this state, including physicians who are board...
• Texas Section 12.093 - Administration
  (a) The medical advisory board is administratively attached to the department. (b) The department: (1) shall provide administrative support for the medical advisory board and...
• Texas Section 12.094 - Rules Relating To Medical Advisory Board Members
  (a) The executive commissioner: (1) may adopt rules to govern the activities of the medical advisory board; (2) by rule may establish a reasonable fee...
• Texas Section 12.095 - Board Panels; Powers And Duties
  (a) If the Department of Public Safety of the State of Texas requests an opinion or recommendation from the medical advisory board as to the...
• Texas Section 12.096 - Physician Report
  (a) A physician licensed to practice medicine in this state may inform the Department of Public Safety of the State of Texas or the medical...
• Texas Section 12.097 - Confidentiality Requirements
  (a) All records, reports, and testimony relating to the medical condition of an applicant or license holder: (1) are for the confidential use of the...

SUBCHAPTER I TEXAS VOLUNTEER HEALTH CORPS

• Texas Section 12.098 - Liability
  A member of the medical advisory board, a member of a panel, a person who makes an examination for or on the recommendation of the...
• Texas Section 12.111 - Texas Volunteer Health Corps
  (a) The department shall establish the Texas Volunteer Health Corps to enhance community-based public health services. (b) The Texas Volunteer Health Corps shall connect volunteers...
• Texas Section 12.112 - Coordinators
  (a) The department may employ coordinators to recruit, train, and refer volunteers for service in local communities. (b) A coordinator employed under this section may...
• Texas Section 12.113 - Volunteers
  (a) Volunteers recruited under this subchapter may include students in high school or an institution of higher education, senior citizens, participants in the TANF job...
• Texas Section 12.114 - Vital Health Care Issues
  (a) The department may identify vital health care issues, including the use of tobacco and alcohol, end-of-life needs, health and safety issues on the Texas/Mexico...
• Texas Section 12.115 - Mentors
  The department shall encourage health care professionals to volunteer as mentors in the Texas Volunteer Health Corps. Added by Acts 1995, 74th Leg., ch. 768,...

SUBCHAPTER J TOBACCO SETTLEMENT PROCEEDS

• Texas Section 12.116 - Information
  The department may provide public health information materials as needed by the Texas Volunteer Health Corps. Added by Acts 1995, 74th Leg., ch. 768, Sec....
• Texas Section 12.131 - Definitions
  In this subchapter: (1) "Account" has the meaning assigned by Section 403.1041, Government Code. (2) "Advisory committee" means the tobacco settlement permanent trust account administration...
• Texas Section 12.132 - Certification To Comptroller
  The department shall collect information relating to the unreimbursed health care expenditures of each political subdivision and, based on that information and using the formula...
• Texas Section 12.133 - Collection Of Information
  (a) Each political subdivision shall submit to the department, in the manner and at the time required by the department, information that relates to the...
• Texas Section 12.134 - Disputes Relating To Information Collected
  (a) Subject to the approval of the advisory committee, the executive commissioner shall adopt rules under which a political subdivision or agency of this state...
• Texas Section 12.135 - Effect Of Dispute
  A dispute filed under department rules adopted under Section 12.134 does not affect the percentage of the annual distribution of the earnings from the account...
• Texas Section 12.136 - Adjustment Following Audit
  (a) If the department, pursuant to rules adopted by the executive commissioner, finds, after an audit conducted under Section 12.133 or 12.134, that a political...
• Texas Section 12.137 - Tobacco Settlement Permanent Trust Account Administration Advisory Committee
  (a) The tobacco settlement permanent trust account administration advisory committee shall advise the department on the implementation of the department's duties under this subchapter. (b)...
• Texas Section 12.138 - Approval Of Rules
  A rule to be adopted by the executive commissioner relating to certification of a percentage of an annual distribution under Section 12.132 or collection of...
• Texas Section 12.139 - Annual Review
  The advisory committee shall annually: (1) review the results of any audit conducted under this subchapter and the results of any dispute filed under Section...

Last modified: September 28, 2016