- (a) Purpose. This section implements the provisions of the Health and Safety Code, §12.0122 concerning the sale of specific laboratory services by the Department of State Health Services (department).
(b) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.
- (1) Laboratory services--Include the evaluation and/or testing of samples submitted to the laboratory, certification of laboratories, training of laboratorians and special projects. Laboratory Services including special projects for which the department's bureau contracts under this section shall not include tissue and cytology specimens, except for pap smears for recipients under federally funded programs.
- (2) Special projects--Include but are not limited to evaluating adequacy of new test procedures, analyzing samples by methods not routinely used or for analytes not routinely tested, special surveys and preparation of data packages.
- (c) Charges. For each contract governed by Health and Safety Code, §12.0122 the charges for laboratory services shall be the reasonable charges negotiated by the department and the contracting party(s). The charges in a contract shall be sufficient to ensure the proper provision of the services to be performed and the reasonable recovery by the department of its costs relating to the contract.
- (d) Other contracts. This section does not affect department contracts that are not governed by Health and Safety Code, §12.0122.
- (e) Fees. This section does not affect the authority of the department to establish and collect fees for laboratory services under the Health and Safety Code, Chapter 12, Subchapter D, §§12.031-12.034.
Source Note:The provisions of this §73.41 adopted to be effective November 10, 2002, 27 TexReg 10386; amended to be effective April 16, 2006, 31 TexReg 3034.