1. (a) Purpose. Health and Safety Code, Chapter 777, provides the Commission on State Emergency Communications (Commission) with the authority to establish a program to award grants to fund a network of regional poison control centers. Funding of the grants comes from revenues generated by the equalization surcharge imposed under Health and Safety Code, §771.072 and appropriated to the Commission.

2. (b) The Commission shall designate the service area region for each regional poison control center. The regions are as follows:

   1. (1) The University of Texas Medical Branch at Galveston--Texas Health and Human Services (HHS) Regions 5 and 6;
   2. (2) The Dallas County Hospital District/North Texas Poison Center--HHS Regions 3 and 4;
   3. (3) The University of Texas Health Science Center at San Antonio--HHS Regions 8 and 11;
   4. (4) The University Medical Center of El Paso, El Paso County Hospital District--HHS Regions 9 and 10;
   5. (5) The Texas Tech University Health Sciences Center at Amarillo--HHS Regions 1 and 2; and
   6. (6) Scott and White Memorial Hospital, Temple--HHS Region 7.

3. (c) Eligibility for Grants. The entities eligible to request grants are the regional poison control centers for the state, designated in Health and Safety Code, Chapter 777, as follows:

   1. (1) The University of Texas Medical Branch at Galveston;
   2. (2) The Dallas County Hospital District/North Texas Poison Center;
   3. (3) The University of Texas Health Science Center at San Antonio;
   4. (4) The University Medical Center of El Paso, El Paso County Hospital District;
   5. (5) The Texas Tech University Health Sciences Center at Amarillo; and
   6. (6) Scott and White Memorial Hospital, Temple.
4. (d) Requests for Grants. A regional poison control center shall request a grant by submitting to the Commission a strategic plan or amendment to an approved strategic plan developed in accordance with Commission Rule §254.3, Regional Strategic Plans and Reporting for Poison Control Service.

5. (e) Grant Criteria. As required by Health and Safety Code, §777.009(b), the criteria for awarding grants to the regional poison control centers include the following:

   1. (1) the need of the region based on population served for poison control services, and the extent to which the grant would meet the identified need;
   2. (2) the assurance of providing quality services;
   3. (3) the availability of other funding sources;
   4. (4) achieving and/or maintaining accreditation as a poison control center with the American Association of Poison Control Centers (AAPCC);
   5. (5) maintenance of effort; and
   6. (6) the development or existence of telecommunications systems.

6. (f) Grant Awards. Upon review and approval of grant requests, the Commission shall award grants to the regional poison control centers from appropriated equalization surcharge to fund approved strategic plans, or amendments thereto, of regional poison control centers to carry out the duties specified in Health and Safety Code, Chapter 777. In reviewing requests for grants, the Commission shall consider:

   1. (1) whether the strategic plan or amendment:

      1. (A) complies with Commission rules and policies;
      2. (B) may be effectively implemented;
      3. (C) is cost effective;
      4. (D) is appropriate to providing poison control service; and
   2. (2) the ability of the regional poison control center to meet the requirements and functions in its strategic plan or amendment.

7. (g) Use of Grant Funds. As determined by the Commission in approving RPCC Strategic Plans under Commission Rule §254.3, Regional Strategic Plans and Reporting for Poison Control Service, awarded grant funds may only be used to fund qualified staff to provide poison control service as follows:

   1. (1) Telephone Services;
   2. (2) Community Programs and Assistance;
   3. (3) Research Programs; and
   4. (4) Information at Birth.
8. (h) Notice. The Commission shall notify each regional poison control center of the approval or disapproval of its strategic plan or amendment not later than the 90th day after the date the Commission receives an administratively complete plan or amendment. If the Commission disapproves the plan, it shall specify the reasons for disapproval and set a deadline for submission of a modified plan or amendment.
9. (i) Contracts. Upon approval of a grant request, a regional poison control center shall execute a contract with the Commission to implement the approved strategic plan or amendment. Per Commission rules, policies, and procedures, the Commission shall provide in a Program Policy Statement a standard form contract to be executed by the parties.

Source Note:The provisions of this §254.1 adopted to be effective December 11, 2005, 30 TexReg 8057; amended to be effective October 2, 2008, 33 TexReg 8167; amended to be effective February 2, 2010, 35 TexReg 629; amended to be effective March 6, 2012, 37 TexReg 1491.