The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Birth defect--A physical or mental functional deficit or impairment in a human embryo, fetus, or newborn resulting from one or more genetic or environmental causes.
2. (2) Birthing center--A place, facility, or institution at which a woman is scheduled to give birth following a normal, uncomplicated pregnancy, but does not include a hospital or the residence of the woman giving birth.
3. (3) Case finding--The process used to identify potential cases for inclusion in the central registry of the Texas Department of Health's Texas Birth Defects Monitoring Division. Potential cases are obtained through review of medical and health records, logs, indices, appointment rosters and other records.
4. (4) Central registry--Cases of birth defects obtained through the surveillance activity of the Texas Birth Defects Monitoring Division.
5. (5) Commissioner--The Commissioner of the Texas Department of Health.
6. (6) Communicable disease--An illness that occurs through the transmission of an infectious agent or its toxic products from a reservoir to a susceptible host, either directly, as from an infected person or animal, or indirectly through an intermediate plant or animal host, a vector, or the inanimate environment.
7. (7) Department--The Texas Department of Health.
8. (8) Director--The executive director of the department who is the Commissioner of the Texas Department of Health.
9. (9) Environmental cause--The sum total of all the conditions and elements that make up the surroundings and influence the development of an individual.
10. (10) Harmful physical agent--A physical phenomenon, other than a toxic substance, that has or may have carcinogenic, mutagenic, teratogenic, or other harmful effects on humans, and includes ionizing radiation, X-rays, gamma rays, ultraviolet light, or other electromagnetic radiation; and acoustical, thermal, or mechanical vibration.

11. (11) Health facility--A facility which includes:

    1. (A) a general or special hospital licensed by the department under Health and Safety Code, Chapter 241;
    2. (B) a physician-owned or physician-operated clinic;
    3. (C) a publicly or privately funded medical school;
    4. (D) a state hospital or state school maintained and managed by the Texas Department of Mental Health and Mental Retardation;
    5. (E) a genetic evaluation and counseling center;
    6. (F) a public health clinic conducted by a local health unit, health department, or public health district organized and recognized under Health and Safety Code, Chapter 121;
    7. (G) a physician peer review organization; and
    8. (H) a birthing center.

12. (12) Health professional--An individual whose:

    1. (A) vocation or profession is directly or indirectly related to the maintenance of health in another individual; and
    2. (B) duties require a specified amount of formal education or training and may require a special examination, certificate, or license or membership in a regional or national association.
13. (13) Local health unit--A division of municipal or county government that provides public health services but does not provide each service required of a local health department under Health and Safety Code, §121.032(a), or of a public health district under Health and Safety Code, §121.043(a).
14. (14) Midwife--A person who practices midwifery and has met the requirements of the standards of the midwifery board.
15. (15) Pilot program--The birth defects surveillance program with coverage limited to the counties of Health and Human Services Regions 6 and 11.
16. (16) Toxic substance--A substance that has or may have toxic, carcinogenic, mutagenic, teratogenic, or other harmful effects on humans, and includes a product that contains a toxic substance that poses or may pose a substantial hazard to human health.

Source Note:The provisions of this §37.303 adopted to be effective October 20, 1994, 19 TexReg 8032.