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POSSESSION, PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS BY MINORS PROHIBITED. Sept. 1, 1999. (2) "Comprehensive medical rehabilitation" means the provision of rehabilitation services that are designed to improve or minimize a person's physical or cognitive disabilities, maximize a person's functional ability, or restore a person's lost functional capacity through close coordination of services, communication, interaction, and integration among several professions that share the responsibility to achieve team treatment goals for the person. Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. The minor-in-possession statute is summarized below. 18, eff. Sec. 27.001(52), eff. 3.0456, eff. 5, eff. (a) Except as provided by Subsection (b), a retailer or other person may not: (1) offer cigarettes, e-cigarettes, or tobacco products for sale in a manner that permits a customer direct access to the cigarettes, e-cigarettes, or tobacco products; or. (b) The measurement of the distance between the sign containing an advertisement for cigarettes or tobacco products and an institution listed in Subsection (a) is from the nearest property line of the institution to a point on a street or highway closest to the sign, along street lines and in direct lines across intersections. 161.472. Sec. (c) On receipt of a written or electronic request to exclude an individual's immunization records from the registry, the department shall send to the individual or the individual's legally authorized representative who makes the request a written confirmation of receipt of the request for exclusion and shall exclude the individual's records from the registry. 1217 (S.B. At the request and with the authorization of the health care provider, the data elements may be submitted through a health information exchange as defined by Section 182.151. (b) The affidavit must be signed by the person claiming the exemption or, if the person is a minor, the person's parent, managing conservator, or guardian, and the affidavit must be notarized. Section 1396s and the adult safety net vaccination program. Sept. 1, 1997. 678, Sec. 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. A person who has been discriminated against in violation of Subsection (a) may sue for injunctive relief, damages, or both. (h) The executive commissioner shall make every effort to enter into a memorandum of agreement with each state to which residents of this state are likely to evacuate in a disaster on: (1) the release and use of registry information under this section to the appropriate health authority or local health authority of that state, including the length of time the information may be retained by that state; and. September 1, 2005. Added by Acts 2007, 80th Leg., R.S., Ch. (d) A health care provider or health facility is not required to provide more than one complete record for a patient or former patient requested under Subsection (a)(6) or (7) without charge. 844, Sec. 161.252. INFORMATION REGARDING PROGRAMS FOR MILITARY PERSONNEL AND THEIR FAMILIES. September 1, 2007. 1, eff. 38, 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. Added by Acts 2019, 86th Leg., R.S., Ch. (b) If the state prevails in a suit under this section, the attorney general may recover on behalf of the state reasonable attorney's fees, court costs, and reasonable investigative costs incurred in relation to the proceeding. (3) the quantity of cigarettes or e-cigarettes that were sold. Sec. 7, eff. (B) a printable version of the resource guide required by Section 161.501(a)(2); (3) update the list of resources and required immunizations in the pamphlet required under Subdivision (2)(A) quarterly; (4) make the pamphlet and resource guide required by Section 161.501 available for distribution to hospitals, physicians, birthing centers, nurse midwives, and midwives; and. 6, eff. 1085 (H.B. Added by Acts 1993, 73rd Leg., ch. 12.06, eff. 922 (H.B. 1156, Sec. (a) In a program administered by the department in which an immunization reminder notice is sent regarding the immunization of a child, the notice must be sent without discrimination based on the legitimacy of the child. (a) A distributor required to file a report under Section 154.210 or 155.111, Tax Code, shall, in addition to the information required by those sections, include in that required report, as appropriate: (1) the number and denominations of stamps affixed to individual packages of non-settling manufacturer cigarettes during the preceding month; (2) the amount of non-settling manufacturer cigarette tobacco products subject to the tax imposed by Section 155.0211, Tax Code, during the preceding month; (3) the number of individual packages of non-settling manufacturer cigarettes and the amount of non-settling manufacturer cigarette tobacco products not subject to the tax imposed by Chapter 154, Tax Code, or Section 155.0211, Tax Code, sold or purchased in this state or otherwise distributed in this state for sale in the United States; (4) a calculation of the monthly fee required to be paid by the distributor; and. 2, eff. After the order is accepted, the person must use a method of mailing or shipping that requires an adult signature. Sept. 1, 1997. (2) discloses in writing on request to the patient or third party payor the net amount. (1) information regarding counseling services that: (A) facilitate the reintegration of the servicemember into civilian and family life; (B) identify and treat stress disorders, trauma, and traumatic brain injury; (C) address parenting and family well-being, employment, and substance abuse issues; and. Sec. This section does not require a referral or recommendation for, or the performance of, a medically inappropriate organ transplant. 219), Sec. 1, eff. 1, eff. Sec. At the request and with the authorization of the health care provider, the data elements may be submitted through a health information exchange as defined by Section 182.151. (3) cigarette sales are taxable under Chapter 154, Tax Code, and an explanation of how that tax has been or is to be paid with respect to the delivery sale. SUBCHAPTER B. 161.006. (f) A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. (f) This section and Subchapter A, Chapter 160, Occupations Code, do not apply to records made or maintained in the regular course of business by a hospital, health maintenance organization, medical organization, university medical center or health science center, hospital district, hospital authority, or extended care facility. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. Sec. September 1, 2007. 12.02, eff. 3.0473, eff. September 1, 2019. 161.459. 9, eff. (7) "Mental health facility" has the meaning assigned by Section 571.003. (c) With the exception of assigning points for a six antigen match with zero antigen mismatch, assigning points for human leukocyte antigen (HLA) match will be eliminated by organ procurement organizations that are participating in the pool established under Subsection (a). October 1, 2015. September 1, 2019. 1 (S.B. The comptroller or attorney general is entitled to conduct reasonable periodic audits or inspections of the financial records of a non-settling manufacturer and its distributors to ensure compliance with this subchapter. REPORT TO DEPARTMENT. on a straight-time basis for work on a holiday or for regular compensatory time hours when the taking of regular compensatory time off would be disruptive to normal business operations. September 1, 2007. 12.08, eff. An offense under this subsection is a Class C misdemeanor. September 1, 2009. (b) A person may access electronically readable information on a driver's license, commercial driver's license, or identification certificate for the purpose of complying with Section 161.082. Section 1501 et seq., as amended. September 1, 2019. 161.612. 397 (S.B. HEALTH INSPECTION OF PRIVATE RESIDENCE. (a) This section applies to: (1) a physician, hospital, medical organization, university health science center, university medical school, or an officer or employee of that person or entity; and. Section 161.252 Possession, Purchase, Consumption, or Receipt of Cigarettes, E-cigarettes, or Tobacco Products by Minors Prohibited, The TMCEC Forms Book has always included sample complaints for a variety of state law offenses. Acts 2015, 84th Leg., R.S., Ch. (11) any other matter justice may require. (a) The department may impose an administrative penalty on a contractor who violates this subchapter. September 1, 2019. (6) "Fee" or "monthly fee" means the fee imposed under Section 161.603. Sec. DUTIES OF DEPARTMENT, EXECUTIVE COMMISSIONER, AND COMMISSION. (g) The department may release nonidentifying summary statistics related to the registry that do not individually identify an individual. Course For Tobacco | Texas (a) A person may not make a delivery sale of cigarettes or e-cigarettes to an individual who is under the age prescribed by Section 161.082. 5-96CV-91, and all subsequent amendments; or. 161.407. 500 (S.B. (e) Each hospital, inpatient mental health facility, and treatment facility shall prominently and conspicuously post for display in a public area of the facility that is readily available to patients, residents, volunteers, employees, and visitors a statement of the duty to report under this section. Jan. 1, 1998. 219), Sec. SALE OR PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. (5) any other matter that justice may require. 14.781, eff. Minor In Possession - Alcohol-Related Crimes - Alcohol Rehab Guide 1 (S.B. 8, eff. NONAPPLICABILITY. Acts 2009, 81st Leg., R.S., Ch. (j) Each hospital, mental health facility, and treatment facility shall prominently and conspicuously post for display in a public area of the facility that is readily available to patients, residents, employees, and visitors a statement that employees and staff are protected from discrimination or retaliation for reporting a violation of law. (d) This section does not affect the requirements of Section 38.001 or 51.933, Education Code, or Section 42.043, Human Resources Code. The information may be obtained by court order or on proper request by the comptroller, a law enforcement officer, or a law enforcement agency. Justia US Law US Codes and Statutes Colorado Revised Statutes 2016 Colorado Revised Statutes Title 25 - Public Health and Environment Environmental Control Article 14 - Control of Smoking Part 3 - Tobacco Use by Minors 25-14-301. (a) The comptroller shall enforce this subchapter in partnership with local law enforcement agencies and with their cooperation and shall ensure the state's compliance with Section 1926 of the federal Public Health Service Act (42 U.S.C. By buddisboo in forum Criminal Charges Replies: 1 Last Post: 12-27-2007, 06:43 AM. 161.402. 1174 (H.B. 968), Sec. Except as expressly authorized by law, the comptroller may not adopt any rules governing the subject matter of this subchapter or Subchapter K, N, or O. Property seized under this subsection must be seized in accordance with, and is subject to forfeiture to the state in accordance with, Subchapter H, Chapter 154, Tax Code, and Subchapter E, Chapter 155, Tax Code. (B) suspend the permit for that place of business for not more than five days. 161.085. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. INSERVICE TRAINING. 62 (S.B. 21), Sec. (c) A facility covered by this section shall keep an individual immunization record during the individual's period of admission, detention, or commitment in the facility, and the records shall be open for inspection at all reasonable times by a representative of the local health department or the department. RECORDS AND PROCEEDINGS CONFIDENTIAL. 165, Sec. 728 (H.B. Acts 2015, 84th Leg., R.S., Ch. https://texas.public.law/statutes/tex._health_and_safety_code_section_161.252. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Texas Health and Safety Code - HEALTH & SAFETY 161.252. 671, Sec. Acts 1989, 71st Leg., ch. Amended by Acts 2003, 78th Leg., ch. October 1, 2015. 3.0482, eff. June 18, 1999; Acts 2003, 78th Leg., ch. (3) "Electronically," as related to a communication authorized under this chapter, means by e-mail, text message, online communication, or another electronic method of communication approved by the department. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. 4, eff. 346), Sec. Sept. 1, 1989. (c) An offense under this section is a Class C misdemeanor. (e) In this section, "gross sales price" means the sum of: (3) cost of sales or commissions paid to an agency or broker. Sept. 1, 1993. 161.0105. (f) A suit under this section may be brought in the district court of the county in which: (1) the plaintiff received care or treatment; or. (b) The district court may grant any prohibitory or mandatory relief warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction. entrepreneurship, were lowering the cost of legal services and 1, eff. Pub. (I) other resources available in the state; (3) document in the woman's record that the woman received the resource pamphlet described in Subdivision (1) and the resource guide described in Subdivision (2), if applicable; and. 14, eff. STATEWIDE IMMUNIZATION OF CHILDREN. (13) "Settling manufacturer" means a manufacturer of cigarettes or cigarette tobacco products that signed a tobacco settlement agreement described by Subdivision (15). (e) A person commits an offense if the person fails to display a sign as prescribed by this section. Sept. 1, 2003. Acts 2015, 84th Leg., R.S., Ch. (f) The department shall provide the directory on the department's website or through links appearing on the department's website. April 2, 2015. 611 (S.B. 500 (S.B. An offense under this section is a Class A misdemeanor. October 1, 2015. 219), Sec. 161.0095. (last accessed Jul. Unfortunately, this is a common occurrence in areas police know that college students hang out. Sec. Acts 1989, 71st Leg., ch. 1058), Sec. (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. SUBCHAPTER V. FEE ON CIGARETTES AND CIGARETTE TOBACCO PRODUCTS MANUFACTURED BY CERTAIN COMPANIES. Added by Acts 2003, 78th Leg., ch. 97), Sec. 161.0106. of Tobacco - Monthly Summary Report Author: TxCPA Subject: 69-137 Minor in Possession \(M.I.P.\) of Tobacco - Monthly Summary Report September 1, 2009. Added by Acts 2003, 78th Leg., ch. The department shall work with the Department of Family and Protective Services and with child-care facilities to ensure that the information is annually distributed to parents in August or September. Sec. (c) The amount of the penalty shall be based on: (2) attempted concealment of misconduct by the person who committed the violation; (3) premeditated misconduct by the person who committed the violation; (4) intentional misconduct by the person who committed the violation; (5) the motive of the person who committed the violation; (6) prior misconduct of a similar or related nature by the person who committed the violation; (7) prior written warnings or written admonishments from any government agency or official regarding statutes or regulations pertaining to the misconduct; (8) violation by the person who committed the violation of an order of the comptroller; (9) lack of rehabilitative potential or likelihood for future misconduct of a similar nature; (10) relevant circumstances increasing the seriousness of the misconduct; and. The attorney general or the attorney general's designee may bring an action in a court of this state to prevent or restrain a violation of this subchapter by any person or by a person controlling such a person. (d) The department commits a violation if the department fails to exclude an individual's immunization information from the registry as required by Subsection (b) or (c). The department shall: (1) initially target providers in the geographic regions of the state with immunization rates below the state average for preschool children; and. 3.01, eff. 671, Sec. In addition to the penalties prescribed by this subchapter, a violation of a provision of this subchapter by an individual or facility that is licensed by a state health care regulatory agency is subject to the same consequence as a violation of the licensing law applicable to the individual or facility or of a rule adopted under that licensing law. CRIMINAL PENALTIES. CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH - Texas Constitution and 165, Sec. Jan. 1, 1998. An offense under this section is a Class C misdemeanor. Sept. 1, 2003. 1969), Sec. 1, eff. 1216, Sec. (h) A penalty collected under this section shall be deposited in the general revenue fund. 1411, Sec. Minors' tobacco possession law violations and intentions to smoke Amended by Acts 1999, 76th Leg., ch. 21), Sec. 2, eff. 161.061. Community Service Driver's Safety Course Deferred Disposition Tobacco and Alcohol Offenses Expunction Juveniles in Municipal Court If you are 16 years of age or younger and received a citation, your parent/guardian will be sent a letter of notice to appear in court with you before the Municipal Court Judge. (b) The department shall release statistical information contained in the central repository on the request of a medical professional or representative of a law enforcement agency. 671, Sec. (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. 161.451. Sec. 3.0466, eff. Start now for only $25 Is this class acceptable in your county? 343, Sec. Sec. (c) The executive commissioner shall adopt rules to implement this section. (2) serves residents who are elderly persons as defined by Section 242.002. (a) Unless prohibited by other law, a person, including a hospital, sanatorium, nursing facility, rest home, medical society, cancer registry, or other organization, may provide interviews, reports, statements, memoranda, or other information relating to the condition and treatment of any person, to be used in a study to reduce morbidity or mortality or to identify persons who may need immunization, to: (2) a person that makes inquiries under immunization surveys conducted for the department; (6) a cancer registry, including a cancer registry of a cancer treatment center. Sec. 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. Acts 2015, 84th Leg., R.S., Ch. (ii) a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this subdivision. (a) A person commits an offense if the person: (1) negligently releases or discloses immunization registry information in violation of Section 161.007, 161.0071, 161.0073, or 161.008; (2) fails to exclude an individual's immunization information in violation of Section 161.0071; (3) fails to remove a person's immunization information in violation of Section 161.00705, 161.00706, or 161.00735; or. 97), Sec. Acts 2007, 80th Leg., R.S., Ch. (a) A state health care regulatory agency by rule may require a mental health services provider licensed by that agency to provide a standardized written brochure, in wording a patient can understand, that summarizes the law prohibiting sexual exploitation of patients. Amended by Acts 2003, 78th Leg., ch. (3) immunization for respiratory syncytial virus when a vaccine is recommended and available. AUTHORITY OF GOVERNING BODY TO FORM COMMITTEE TO EVALUATE MEDICAL AND HEALTH CARE SERVICES.