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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 37MATERNAL AND INFANT HEALTH SERVICES
SUBCHAPTER DNEWBORN SCREENING PROGRAM
RULE §37.52Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Abnormal screening result(s)--An out-of-range laboratory test result.

  (2) Bona fide resident--A person who:

    (A) is physically present within the geographic boundaries of the state;

    (B) has an intent to remain within the state;

    (C) maintains an abode within the state (i.e., house or apartment, not merely a post office box);

    (D) has not come to Texas from another country for the purpose of obtaining medical care, with the intent to return to the person's native country;

    (E) does not claim residency in any other state or country; and

      (i) is a minor child residing in Texas whose parent, managing conservator, or legal guardian is a bona fide resident;

      (ii) is a person residing in Texas who is the legally dependent spouse of a bona fide resident; or

      (iii) is an adult residing in Texas, including an adult whose parent, managing conservator, or legal guardian is a bona fide resident or who is his/her own legal guardian.

  (3) Charity care newborn--A patient who is not insured or self-pay, and is not covered or eligible to be covered for newborn screening services by Medicaid, Children's Health Insurance Program (CHIP), or any other government program.

  (4) CHIP-eligible newborn--A patient who is eligible for CHIP coverage in accordance with Texas Health and Safety Code, Chapter 62.

  (5) Commissioner--The commissioner of the Department of State Health Services.

  (6) Critical Congenital Heart Disease--CCHD is an abnormality in the structure or function of the heart that exists at birth, that causes severe, life-threatening symptoms, and requires medical intervention within the first few hours, days, or months of life. CCHD is detected by point-of-care screening. Comprehensive rules for CCHD will be established under a separate subchapter under this chapter.

  (7) Department--The Department of State Health Services or its successor.

  (8) Health care practitioner--One of the following individuals who is currently licensed and in good standing as indicated:

    (A) an advanced practice registered nurse licensed by the Texas Board of Nursing pursuant to Texas Occupations Code, Chapter 301;

    (B) a physician assistant licensed by the Texas Physician Assistant Board pursuant to Texas Occupations Code, Chapter 204; or

    (C) a midwife licensed by the Texas Midwifery Board pursuant to Texas Occupations Code, Chapter 203.

  (9) Medicaid-eligible newborn--A patient whose mother is a Medicaid recipient or who is otherwise eligible for Medicaid coverage for the newborn-related services in accordance with Texas Human Resources Code, Chapter 32.

  (10) Newborn--A child through 30 days of age.

  (11) Newborn Screening--One or more laboratory test(s) that identify an increased risk for phenylketonuria, other heritable diseases, hypothyroidism, and certain other disorders.

  (12) Physician--A person licensed to practice medicine by the Texas Medical Board pursuant to Texas Occupations Code, Chapter 151.

  (13) Specimen--A laboratory sample used for testing. The specimen used for newborn screening is capillary blood dried on specialized filter paper.

  (14) Specimen collection kit--A department-approved, bar-coded, newborn screening specimen collection kit obtained from the department and consists of a parental information sheet; Parental Decision for Storage and Use of Newborn Screening Blood Spot Cards form; customized specimen collection device; demographic information sheet; and specimen collection directions applicable to the collection and submission of a newborn's blood specimen for the first, second, or repeat newborn screening test.


Source Note: The provisions of this §37.52 adopted to be effective November 1, 2006, 31 TexReg 8835; amended to be effective December 31, 2013, 38 TexReg 9567

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