The information may be obtained by court order or on proper request by the comptroller, a law enforcement officer, or a law enforcement agency. (e) Use of the pools will be managed by the federal Organ Procurement and Transplantation Network. Sept. 1, 1997. Sept. 1, 2001. Sec. A "minor" is considered a person under 21 years of age per the Health and Safety Code. 3.0456, eff. An individual's legally authorized representative or the individual, after the individual has attained 18 years of age, may consent in writing or electronically for the individual's information to remain in the registry. 1536), Sec. 1511, Sec. 1163 (S.B. 30, eff. (d) If a hospital district and a health care facility described by Subsection (b) do not agree on a contract provision described by Subsection (c), the hospital district has, with respect to a review action for the evaluation of medical and health care services provided by the facility under a contract with the district, a right to: (2) appoint from the medical staff of the facility a number of members to the facility's medical peer review committee or medical committee equal to the number of members appointed to the committee by the facility to conduct the review action, without regard to whether the district initiates the action; and. (11) any other matter justice may require. (b) The identity of a person whose condition or treatment has been studied is confidential and may not be revealed except in immunization surveys conducted for the department to identify persons who need immunization. In addition, In addition, the provisions of those sections relating to provisional admissions and exceptions apply to this section. (5) provide funding for any purpose the legislature determines. 161.302. 21, eff. April 2, 2015. 9 (S.B. 161.122. October 1, 2015. (e) The department shall maintain a record of the total number of affidavit forms sent out each year and shall report that information to the legislature each year. (B) specified in rules adopted to implement Section 161.00705. (b) The sign must include the statement: PURCHASING OR ATTEMPTING TO PURCHASE CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS BY A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. 161.00706. 161.101. 97), Sec. 161.251. 3.0469, eff. September 1, 2007. (e) In addition to amounts recovered under Subsections (c) and (d), a plaintiff is entitled to, if applicable: (1) reinstatement in the plaintiff's former position; (3) reinstatement of lost fringe benefits or seniority rights. September 1, 2017. October 1, 2015. For purposes of the calculation of subsequent participating manufacturer market share under this subchapter, 0.09 ounces of roll-your-own tobacco constitutes one cigarette. Sec. POSSESSION, PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS BY MINORS PROHIBITED. 1, eff. 1, eff. A person may be enlisted by the comptroller or a local law enforcement agency to act as a minor decoy only if the following requirements are met: (1) written parental consent is obtained for the use of a person younger than 18 years of age to act as a minor decoy to test compliance with this subchapter and Subchapter R; (2) at the time of the inspection, order, or delivery, the minor decoy is younger than 21 years of age; (3) the minor decoy has an appearance that would cause a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco products to request identification and proof of age; (4) the minor decoy carries either the minor's own identification showing the minor's correct date of birth or carries no identification, and a minor decoy who carries identification presents it on request to any seller of or any person who delivers cigarettes, e-cigarettes, or tobacco products; and. The notice must inform the individual that the individual's immunization records will be included in the registry until the date of the individual's 26th birthday unless the individual or the individual's legally authorized representative: (1) withdraws consent in writing or electronically before that date; or. (b) A person who sells, leases, or otherwise provides an electronic medical records software package or system to a person who administers immunizations in this state or to an entity that manages records for the person shall provide, as part of the electronic medical records software package or system, the ability to: (1) electronically interface with the immunization registry created under this subchapter; and. (10) include ways to increase provider participation in the registry. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. Sec. 161.134. A health care provider or health care facility shall provide to the requestor a medical or mental health record requested under Section 161.202 not later than the 30th day after the date on which the provider or facility receives the request. (d) A person who violates this section commits an offense. 219), Sec. Easily Accessible (c) The executive commissioner by rule shall require an end stage renal disease facility to offer, to the extent possible as determined by the facility, the opportunity to receive the pneumococcal and influenza vaccines to each elderly person who receives ongoing care at the facility if a physician, or an advanced nurse practitioner or physician assistant on behalf of a physician, determines that the vaccine is in the person's best interest. (a) Each retailer shall notify each individual employed by that retailer who is to be engaged in retail sales of cigarettes, e-cigarettes, or tobacco products that state law: (1) prohibits the sale or distribution of cigarettes, e-cigarettes, or tobacco products to any person who is younger than 21 years of age as provided by Section 161.082 and that a violation of that section is a Class C misdemeanor; and. (c) A suit for injunctive relief must be brought in Travis County. (c) A hospital, sanitorium, or other institution that makes a report under this section is not subject to civil or criminal liability for damages arising out of the report. (last accessed Jul. 5. 19.02(12), eff. (2) each 0.09 ounces of non-settling manufacturer cigarette tobacco product described by Section 161.602(3). Sept. 1, 1999. 625, Sec. (a) At the request of an attending physician, the department shall conduct tests for lead poisoning if the physician suspects that a person has been exposed to lead and that the person may have been harmed by that exposure. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. (i) At the request and with the authorization of the applicable health care provider, immunization history or data may be submitted to or obtained by the department through a health information exchange as defined by Section 182.151. Acts 2015, 84th Leg., R.S., Ch. Sec. SUBCHAPTER U. September 1, 2007. (a-1) A person may not distribute to persons younger than 21 years of age a coupon or other item that the recipient may use to receive a discounted cigarette, e-cigarette, or tobacco product. Sept. 1, 2003. Added by Acts 2007, 80th Leg., R.S., Ch. Possession, Purchase, Consumption, or Receipt of Cigarettes, E-cigarettes, or Tobacco Products by Minors Prohibited. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003. 500 (S.B. 1081, Sec. (a) In this section, "transaction scan device" means a device capable of deciphering electronically readable information on a driver's license, commercial driver's license, or identification certificate. If additional material is added to the patient or former patient's record, on request the health care provider or health facility shall supplement the record provided under Subsection (a)(6) or (7) without charge. 161.462. DISCIPLINARY ACTION AGAINST CIGARETTE, E-CIGARETTE, AND TOBACCO PRODUCT RETAILERS. CIVIL PENALTY. (c) Information accessed under this section may not be sold or otherwise disseminated to a third party for any purpose, including any marketing, advertising, or promotional activities. PDF Minor in Possession - Tobacco Free Colorado Acts 2015, 84th Leg., R.S., Ch. (d) The data standards specified under Subsection (b) must be compatible with the standards for immunization information transmission adopted by the Healthcare Information Technology Standards Panel sponsored by the American National Standards Institute and included in certification criteria by the Certification Commission for Healthcare Information Technology. 17, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. This subchapter does not create civil or criminal liability. 1280 (H.B. AGE VERIFICATION REQUIREMENT. 8, eff. Acts 2021, 87th Leg., R.S., Ch. Under the new "Tobacco 21" legislation that was passed in 2019, selling tobacco laws were amended and raised the federal minimum age for the sale of tobacco products from 18 years of age to 21 years of age. (f) A person commits an offense if the person places or authorizes the placement of a sign in violation of this section. 35 (S.B. (c) The department may make available online and distribute an existing publication created by another health and human services agency as the resource guide required by Subsection (a)(2). 9 (S.B. 161.137. CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH - Texas Constitution and September 1, 2019. 347), Sec. (a) If the individual or the individual's legally authorized representative has reasonable concern that the individual's health care provider is not submitting the immunization history to the department, the individual or the individual's legally authorized representative may provide the individual's immunization history directly to the department to be included in the immunization registry. Renumbered from Health and Safety Code Sec. Sec. 16, eff. (d) The executive commissioner by rule for the department and the Department of Aging and Disability Services, and each state health care regulatory agency by rule, shall: (1) prescribe procedures for the investigation of reports received under Subsection (a) or (b) and for coordination with and referral of reports to law enforcement agencies or other appropriate agencies; and. EDUCATION PROGRAMS AND INFORMATION. Sec. Added by Acts 1997, 75th Leg., ch. Sec. 1 (S.B. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR WITH LOW BIRTH WEIGHT. 1420, Sec. (c) The penalty amount shall be based on: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation; (3) the amount necessary to deter a future violation; (4) efforts to correct the violation; and. 343, Sec. 161.123. (3) immunization for respiratory syncytial virus when a vaccine is recommended and available. Those born before August 31, 2001 are exempt from the law. Acts 2015, 84th Leg., R.S., Ch. September 1, 2009. 219), Sec. Acts 1989, 71st Leg., ch. September 1, 2019. CRIMINAL PENALTIES. (h) The department shall make available to hospitals and end stage renal disease facilities, and the Texas Medical Board shall make available to physicians' offices, educational and informational materials concerning vaccination against influenza virus and pneumococcal disease. 161.301. 106 (H.B. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. TESTS FOR EXPOSURE TO LEAD. This subsection does not apply to a person claiming the exemption using the Internet-based process under Section 51.9192(d-3), Education Code. 1058), Sec. (b) A political subdivision may not adopt or enforce an ordinance or requirement relating to the lawful age to sell, distribute, or use cigarettes, e-cigarettes, or tobacco products that is more stringent than a requirement prescribed by this subchapter. Acts 2009, 81st Leg., R.S., Ch. 1, eff. Acts 2015, 84th Leg., R.S., Ch. VACCINES FOR CHILDREN PROGRAM; INFLUENZA VACCINES. A minor in possession, or MIP, is a criminal offense that occurs when a person is found to be in possession of alcohol before they are of the legal age of 21. October 1, 2015. Section 401 et seq. (j) A physician who in good faith makes a determination that an individual's disability is medically significant to the organ transplant, as described by Subsection (b), does not violate this section. 5, eff. September 1, 2019. (b) The individual or the individual's legally authorized representative may send evidence of the individual's immunization history to the department electronically, by facsimile transmission, or by mail. (h) The report required under Section 161.0074 must also include the number of complaints received by the department related to the department's failure to remove information from the registry as required by Subsection (f). Re: Minor in Possession (Tobacco) No it appears not to be illegal in PA to "possess" tobacco. (b) The comptroller shall collect the fee as provided in this section. Sec. Renumbered from Sec. 3.0466, eff. April 2, 2015. 2.189, eff. (b) In this section, "state military forces" has the meaning assigned by Section 437.001, Government Code. GENERAL PROVISIONS. Some states strictly enforce MIP laws and prosecute minors to the fullest extent of the law. 21), Sec. Sept. 1, 1997. Amended by Acts 1991, 72nd Leg., ch. 1, eff. SALE OR PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. Underage College Drinking: If Your Kid Gets a Texas MIP Charge Source: Acts 2013, 83rd Leg., R.S., Ch. (b) Except as provided by Subsection (d), a medical peer review committee or medical committee formed by the governing body of a hospital district may not evaluate medical and health care services provided by a health care facility that: (1) contracts with the district to provide those services; and. (b) Except as provided by Subsection (c), a person, including a permit holder, may not accept or redeem, offer to accept or redeem, or hire a person to accept or redeem: (1) a coupon or other item that the recipient may use to receive a free cigarette, e-cigarette, or tobacco product or a sample cigarette, e-cigarette, or tobacco product; or. Acts 2015, 84th Leg., R.S., Ch. an attorney in good standing. The consent of the representative or individual is valid until the individual or the individual's legally authorized representative withdraws consent in writing or electronically. omitted its authors. 1, eff. 161.081. Sec. Explore Treatment Options How Are 'Alcoholic' Beverages and 'Possession' Defined? RATE OF FEE. September 1, 2009. Sept. 1, 2003. 161.0901. (b) 800), Sec. Sec. 35, eff. (a) An individual who is younger than 21 years of age commits an offense if the individual: (1) possesses, purchases, consumes, or accepts a cigarette, e-cigarette, or tobacco product; or. (2) a person expected to testify on behalf of the plaintiff is intentionally made unavailable through an action of the facility, including a discharge, resignation, or transfer. 1, eff. 1, eff. September 1, 2005. (e) It is a defense to prosecution under Subsection (d) to show proof that the employee did complete, sign, and date the forms required by Subsections (b) and (c). 1 (S.B. (a) A health care provider who administers or causes to be administered a test for Down syndrome or who initially diagnoses a child with Down syndrome shall provide the information described by Section 161.652 to: (1) expectant parents who receive a prenatal test result indicating a probability or diagnosis that the unborn child has Down syndrome; or, (A) a test result indicating a probability or diagnosis that the child has Down syndrome; or. 1 (S.B. Redesignated from Health and Safety Code, Subchapter R, Chapter 161 and amended by Acts 2005, 79th Leg., Ch. 161.0051. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 30 YEARS OF AGE. RECORDING ADMINISTRATION OF IMMUNIZATION AND MEDICATION FOR DISASTERS AND EMERGENCIES. 4, eff. MIP laws are designed to discourage underage . 12.08, eff. September 1, 2007. (c) A person taking a delivery sale order of e-cigarettes shall comply with: (3) the registration and reporting requirements prescribed by Section 161.456; and. September 1, 2005. 678, Sec. 671, Sec. (C) permanently document the vaccination in the elderly person's medical records. These are often referred to as "minor in possession" or "MIP" laws. 181 (S.B. Notwithstanding Section 161.007, the department is not required to obtain written consent for the inclusion in the registry of information received under this subsection. September 1, 2019. 1390), Sec. DISASTER PREPARATION. IMMUNIZATION RECORD. 1 (S.B. LIMITATION ON LIABILITY. 181 (S.B. (2) prescribe follow-up procedures to ensure that a report referred to another agency receives appropriate action. Sec. 3, eff. 97), Sec. are usually free or discounted: Lawyer Referral & Information Service (LRIS). 1085 (H.B. 125, Sec. 4, eff. (f) The executive commissioner shall adopt rules that are necessary to administer this section. Call of the Week: Minor in Possession of Tobacco 1216, Sec. September 1, 2019. 11), Sec. Amended by Acts 1997, 75th Leg., ch. (C) a hospital, clinic, or facility staffed, operated, or used by a health maintenance organization. 1 (S.B. Sec. (3) administering needed vaccinations or referring the child for immunization. Sec. 2574), Sec. 721, Sec. A charge of Minor in Possession (M.I.P.) 26, eff. 219), Sec. The penalty provided by this section is in addition to any other penalty provided by law. (a) In this section: (1) "Electronic medical records software package or system" means an electronic system for maintaining medical records in the clinical setting. SMOKING TOBACCO. 161.0315. (d) The Texas Medical Board by rule shall require a physician responsible for the management of a physician's office that provides ongoing medical care to elderly persons to offer, to the extent possible as determined by the physician, the opportunity to receive the pneumococcal and influenza vaccines to each elderly person who receives ongoing care at the office. E-CIGARETTE AND TOBACCO AWARENESS PROGRAM; COMMUNITY SERVICE. 728 (H.B. 5.95(88), eff. 11), Sec. 1381 (S.B. (d) The department may not award a contract under Subsection (b) to: (1) a person or entity that is required to register with the Texas Ethics Commission under Chapter 305, Government Code, except as provided by Subsection (f); (2) any partner, employee, employer, relative, contractor, consultant, or related entity of a person or entity described by Subdivision (1) and not described by Subsection (f); or. ELECTRONIC MEDICAL RECORDS SYSTEMS. Sec. Such a law exists for very good reasons: to protect minors from potentially dangerous health or safety risks of consuming alcohol, as well as to comply with federal regulations. 1276, Sec. 4, eff. 97), Sec. PURPOSE. (b) Notwithstanding Subsection (a), a health care provider may consider an individual's disability when making a treatment recommendation or decision solely to the extent that a physician, following an individualized evaluation of the potential transplant recipient, determines the disability is medically significant to the organ transplant. Section 10801 et seq.). Sept. 1, 2003. 865 (S.B. (7) 38 U.S.C. The Law / Texas Tobacco Law This subsection does not affect the ability of a person to receive a medical or mental health record under Subsections (a)(1)-(5). Sept. 1, 1999. Section 273 that is currently certified or recertified in accordance with that federal law. 2, eff. (e) A proof of identification satisfies the requirements of Subsection (d) if it contains a physical description and photograph consistent with the person's appearance, purports to establish that the person is 21 years of age or older, and was issued by a governmental agency. Minor in Possession of Tobacco - ExpertLaw (d) Notwithstanding any other provision of law, a violation of this section is not a violation of this subchapter for purposes of Section 161.0901. (c) A payor that receives data elements from a health care provider who administers an immunization to an individual younger than 18 years of age shall provide the data elements to the department. Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. ); (4) Title XVI, the federal Social Security Act, as amended (42 U.S.C. Amended by Acts 2001, 77th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (iii) confirming that the prospective purchaser wants to receive mailings from a tobacco company; (2) makes a good faith effort to verify the information contained in the certification provided by the prospective purchaser under Subdivision (1) against a commercially available database or obtains a photocopy or other image of a government-issued identification bearing a photograph of the prospective purchaser and stating the date of birth or age of the prospective purchaser; (3) sends to the prospective purchaser, by e-mail or other means, a notice that complies with Section 161.454; and. September 1, 2015. SUBCHAPTER F. DISCLOSURE OF CERTAIN AGREEMENTS FOR PAYMENT OF LABORATORY TESTS. This section does not require a referral or recommendation for, or the performance of, a medically inappropriate organ transplant.