1. (a) Stocking. Anti-rabies biologicals may be procured and distributed by the Texas Department of Health (department). Anti-rabies biologicals may be stocked in depots located throughout the state. The products in each depot will remain under the control of the appropriate regional director of this department until issued.

2. (b) Issuing.

   1. (1) Anti-rabies biologicals may be issued for post-exposure treatment for any person upon the signed order of a medical professional licensed to practice in Texas.
   2. (2) The department has the right to refuse to provide anti-rabies biologicals if the incident in question does not warrant rabies post-exposure prophylaxis. The guidelines established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service will be used as guidelines for assessing rabies exposure. In event the department elects not to supply biologicals for post-exposure prophylaxis, the department will provide the medical professional the name of a source from which anti-rabies biologicals may be purchased.

   3. (3) The following will be accomplished at time of issue.

      1. (A) A department-prepared human rabies prophylaxis surveillance report will be completed by the person issuing the anti-rabies biologicals and sent to the Texas Department of Health.
      2. (B) An information sheet about rabies and rabies biologicals will be provided by the department to the attending medical professional for informing the patient of the risks and benefits of the anti-rabies treatment.
      3. (C) The most recent guidelines for treatment for the prevention of rabies as recommended by the Advisory Committee on Immunization Practices of the U.S. Public Health Service will be provided by the department to the attending medical professional.
3. (c) Partial issue. Issues may be made of less than the full regimen of treatment whenever less than the full regimen is necessary, or when there is reason to believe that treatment may be terminated before completion of the full course for any reason. After a partial issue is made, the remaining doses needed may be issued later if laboratory tests or other evidence confirm the need for continuing the treatment.
4. (d) Administration of anti-rabies biologicals. Anti-rabies biologicals issued by the Texas Department of Health may be administered to humans only by or under the supervision of a medical professional licensed to practice in Texas. Anti-rabies biologicals may be issued at the depot to the bearer of the medical professional's order for transport to a medical professional and subsequent administration to the patient by or under the supervision of a medical professional.
5. (e) Return of anti-rabies biologicals. Once issued and removed from the depot storage area, no anti-rabies biologicals may be returned for credit or reimbursement, nor may any returned anti-rabies biologicals be reissued for use of any kind.

Source Note:The provisions of this §97.123 adopted to be effective March 5, 1982, 7 TexReg 743; amended to be effective February 5, 1998, 23 TexReg 756; amended to be effective August 28, 2003, 28 TexReg 6855.