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  • Treatment and Disposition of Fetal Remains Preamble and Rule With Highlighted Changes

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    lanashadwick
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    Treatment and Disposition of Fetal Remains Preamble and Rule with Highlighted Changes

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    Treatment and Disposition of Fetal Remains Preamble and Rule with Highlighted Changes

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    35K visualizações17 páginas

    Treatment and Disposition of Fetal Remains Preamble and Rule With Highlighted Changes

    Enviado por

    lanashadwick
    Treatment and Disposition of Fetal Remains Preamble and Rule with Highlighted Changes

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 17
    Title25. Health Services Part I. Department of State Health Services Chapter 1. Miscellaneous Provisions Subchapter K. Definition, Treatment, end Disposition of Special Waste from Health Care~ Related Facilities ‘Amendments §§1.132 - 1.137 Proposed Preamble ‘The Executive Commissioner of the Health and Human Services Commis Department of Siate Health Services (department), proposes amendments to §§1.132 - 1.137, concerning the definition, treatment, and disposition of special waste from health care-related facilites. BACKGROUND AND PURPOSE ‘The rule amendments provide language and offer clarification to enhance the understanding of the rules, as well as to update outdated references, terminology, and AispOsitigh methods. Texas ‘Government Code, §2001.039 requires a review of rules, including an assessment of whether the reasons fo initially adopting the rules continue to exist. Chapter 1, Subchapter K of Tile 25 of the Texas Administrative Code was originally adopted in 1989, and amendments were made in 1991 and 1994. Additionally, the department has reviewed §§1.131 - 1.137 end has determined ‘thatthe reasons for adopting the rules continues o exist because the rules on this subject are needed, However, there are no changes being proposed to §1.131 in tis rulemaking. ‘SCOPE OF THE PROPOSED RULES “The seope ofthe proposed rules encompasses the following provisions of the rules in Subchapter K of Chapter 1, Miscellaneous Provisions, relating to special waste from heaith care-related facilites: §1.132. Definitions §1.133. Scope, Covering Exemptions and Minimum Parametric Standards for Waste Treatment ‘Teehnologies Previously approved by the Texas Department of Health §1.134. Application, 51.135, Performance Standards for Commercally-Avsilable Alternate Treatment Technologies for Special Waste from Health Care-Related Facilites §1.136, Approved Methods of Treatment and Disposition. §1.137, Enforcement, SECTION-BY-SECTION SUMMARY Proposed Preamble - 1 Amendments to §1-152, Definitions, are proposed to update references to the deparment; define the terms sremation, executive commissioner, and fetal tissue; remove the definition fr the term ‘cremated ‘emains; update references to Texas Commission on Environmental Quality (TCEQ); correcta mathematical unt for “logis” and necessitates the renumbering of subsections Amendments to §1.133, Scope, Covering Exemptions and Minimum Parametri Standards for ‘Waste Treatment Technologies Previously Approved by the Texas Department of Health, are proposed 0 update references to the department and a legal reference. Amendments to §1.134, Application, are proposed to update references to facilites providing ‘mental health and intellectual disability services; and add freestanding emergency medical care facilites tothe list of health care-related facilities to whieh this rule applies. Amendments to §1.125, Performance Standarde for Commercially-Available AlRerate ‘Treatment Technologies for Special Waste from Health Care-Related Facilities, are proposed to update references to the department and correcta mathematical unt to “Iogio” Amendments to §1.136, Approved Methods of Treatment and Disposition, are proposed to ‘update references to the department; update terminology regarding the Texas Administrative Code; upeate references to TCEQ and its rules; clarifying disposition methods for fetal tissue; clarifying disposition methods for fetal tissue and other tissues that are products of spontaneous or induced human abortion; and clarifying that disposition methods for anatomical remains are established in 25 TAC §4794 ‘Amendments to §1.137, Enforcement, ae proposed to reflect the Executive Commissioner's role in rulemaking; remove home and community support services agencies from the list ofthe departments regulatory programs; and add end-stage renal disease facilities and freestanding emergency medical centers tothe lst ofthe department's regulatory programs. FISCALNOTE has determined that for each year of the first five years ‘that the sections will be in effect, there will not be fiscal implications to state or local governments as a result of enforeing and administering the sections as proposed, SMALL AND MICRO-BUSINESS IMPACT ANALYSIS AND ECONOMIC COSTS TO PERSONS Proposed Preuuble-2 ‘the proposed rules will result in increased total costs for healthcare facilities required to comply withthe rules, Different costs may arise based on a healthcare facility's decisions regarding the tse of burial, eremation or other forms of interment of fetal remains. ‘The proposed rues allow the disposttion of remains together, thereby reducing costs to an amount estimated to be ‘commensurate with current methods used for disposition. The department notes that in ‘comments previously submitted, private partes, have offered to bury fetal remains without charge. Other partes may also offer discounted or free services associated with the disposition of fetal tisue. For these reasons, the department estimates no fiscal impact, ‘The purpose of specifying disposition standards for specific types of tissue relates to the protection ofthe health and safety of the public pursuant to Texas and Health Safety Code, (Chapter 8:, All healthcare facilities handling that type of tissue, whether a small or micro- ‘business or a larger organization, face the same risks associated with handling this specific type of tissue and asa result, are required tobe held to the same standard for disposition. The rules and amendments tothe rules, authorize alternative methods among which facilites, including ‘small and miero-businesses can choose for disposition, thereby including regulatory flexibility within therule. The department considered separate compliance and different standards for small and micro-businesses such as alternative disposition methods or exemption from the

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