Header:
TEXAS ADMINISTRATIVE CODE
TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 1. TEXAS BOARD OF HEALTH
SUBCHAPTER O. PROCUREMENT OF PROFESSIONAL SERVICES
Date:
08/31/2009
Document:
25 TAC § 1.181 (2011)
§ 1.181. Grants and Contracts for Professional Services
(a) Purpose. The purpose of this section is to define the professional services for which the Department of Health (department) will award grants and execute contracts; list the categories of providers who may receive grants from the department or execute contracts with the department; and describe the procedures for selecting providers.
(b) Definition. Professional services means those services performed by an individual who is licensed, certified, registered, or otherwise authorized under state law and who acts within the scope of the individual's license, certification, registration, or other authorization as defined by state law.
(c) Categories of providers. This subsection covers some of the categories of licensed, certified, registered, or otherwise authorized providers under state law to whom the department may award a grant for professional services or with whom the department may contract or otherwise engage to perform professional services. These categories are in addition to other professional service categories but are listed to meet the requirements of the Texas Health and Safety Code, § 12.0121.
(1) audiology;
(2) chiropractic services;
(3) optical services;
(4) dentistry;
(5) medicine;
(6) nursing;
(7) nutrition;
(8) radiology;
(9) pharmaceuticals;
(10) podiatry;
(11) professional counseling;
(12) professional medical physics;
(13) prosthetics;
(14) psychology;
(15) respiratory therapy;
(16) social work;
(17) physical therapy;
(18) speech-language pathology;
(19) emergency medical services;
(20) veterinary services;
(21) rehabilitation; and
(22) any other category for which an individual is licensed, certified, registered, or otherwise authorized by the state and who is acting within the scope of the individual's license, certification, registration, or other authorization in the practice of a health or allied health profession.
(d) Procedures for selection of providers.
(1) The department may award a grant, enter into a contract, or otherwise engage an individual or a group or association of individuals to perform professional services selected on the basis of competitive proposals submitted for the grant, contract, or services to be performed.
(2) The department also may make the selection on the basis of:
(A) demonstrated competence and qualifications for the type of professional services to be performed; and
(B) whether the fees for the professional services to be performed are fair, reasonable, and consistent with and not higher than the usual and customary fees for the services to be performed and do not exceed any maximum provided by state law.
(e) Emergency selection procedure. The department may award a grant, enter into a contract, or otherwise engage an individual or a group or association of individuals to perform professional services without complying with subsection (d) of this section if the commissioner of health (commissioner) by order ratified by the Board of Health at its next regular meeting determines that an emergency exists that necessitates the use of different procedures. A grant, contract, or engagement under this subsection is effective only for the period specified by the commissioner's order.
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