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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER JMINIMUM STANDARDS FOR NARCOTIC TREATMENT PROGRAMS
RULE §229.148State Operational Requirements

      (vi) A treatment program or medication unit or any part thereof, including any facility or any employee, shall permit a duly authorized employee of SAMHSA or the department to have access to and to copy all records on the use of narcotic drugs in accordance with the provisions of 42 CFR, Part 2.

    (E) All notations by NTP personnel on patient files and other files kept by the NTP for purposes of this chapter shall be typed, printed, or legibly handwritten so that any regulatory authority can read the writing.

    (F) An NTP may not refuse to allow an inspection or otherwise interfere with personnel of the SMA in the performance of their duties, including the photocopying of patient records during an inspection. It is a violation for an NTP not to fully cooperate in any inspection by the SMA.

  (2) Records on the receipt, storage, and distribution of narcotic medication are subject to inspection under federal and Texas controlled substances laws.

  (3) Personnel records shall contain results of annual tuberculosis testing. Each employee working in an NTP must receive an intradermal skin test using the Mantoux technique at the start of employment and annually thereafter. Programs shall follow the Mantoux technique, using 0.1 ml of purified protein derivative (PPD) tuberculin containing five tuberculin units (TU) injected into the volar surface of the forearm. Reaction to the Mantoux test shall be read by a trained health care worker 48 to 72 hours after the injection. Results should be recorded in millimeters (mm) and documented in the employee's file. Employees who had negative tuberculin skin tests at the start of employment must be retested each year and results recorded in the employee's file. Employees with a positive skin test must have further diagnostic evaluation as designated by the Centers for Disease Control and Prevention (CDC). Documented verification of follow-up on all employees referred for tuberculosis evaluation must be placed in the employee's file. Employees with previously positive PPD shall not be retested. The program shall obtain verification of diagnostic evaluation and therapeutic follow-up, including preventive treatment or treatment of tuberculosis. The employee shall be referred for further evaluation if disposition cannot be verified. Documentation of the above shall be placed in the employee's file.

  (4) Personnel records shall also contain a job description, employment application, verification of credentials, evidence of a current driver's license, job performance evaluation completed annually and reviewed with the individual, and any other information required by law.


Source Note: The provisions of this §229.148 adopted to be effective December 31, 2001, 26 TexReg 10871; amended to be effective January 1, 2005, 29 TexReg 11980

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