The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Certified lead risk assessor--A person certified by the department to conduct lead risk assessments, inspections, and lead-hazard screens, as defined by Subchapter I, Texas Environmental Lead Reduction, in Chapter 295 of this title concerning Occupational Health.
  (2) Child care--A school, preschool, kindergarten, nursery school, or other similar activity that provides care or instruction for young children.
  (3) Child care facility--A public place or a residence in which a person furnishes child care.
  (4) Child-occupied facility--A building or part of a building, including a day-care center, preschool, or kindergarten classroom, that is visited regularly by the same child, six years of age or younger, at least two days in any calendar week if the visits are for at least:
    (A) three hours each day; and
    (B) 60 hours each year.
  (5) Coordination of care--Includes overseeing that needed care is provided, including medical follow-up as defined under the most recent criteria issued by the Centers for Disease Control and Prevention of the United States Public Health Service.
  (6) Department--The Department of State Health Services.
  (7) Environmental lead investigation--An investigation performed by a certified lead risk assessor of the home environment of, or other premises frequented by, a child who has a confirmed elevated blood lead level warranting such an investigation, under the most recent criteria issued by the Centers for Disease Control and Prevention of the United States Public Health Service.
  (8) Executive Commissioner--The Executive Commissioner of the Health and Human Services Commission.
  (9) Follow-up care--Medical management includes follow-up blood lead testing at the suggested frequency under the most recent criteria issued by the Centers for Disease Control and Prevention of the United States Public Health Service.
  (10) Health authority--A physician appointed as such under Texas Health and Safety Code, Chapter 121.
  (11) Health professional--An individual whose:
    (A) vocation or profession is directly or indirectly related to the maintenance of health in another individual; and
    (B) duties require a specified amount of formal education and may require a special examination, certification or license, or membership in a regional or national association.
  (12) Lead hazard--An item, surface coating, or environmental media that contains or is contaminated with lead and, when ingested or inhaled, may cause exposures that contribute to elevated blood lead levels in children, including:
    (A) an accessible painted surface or coating;
    (B) an article for residential or consumer use;
    (C) accessible soil and dust, including attic dust; and
    (D) food, water, or remedies.
  (13) Lead--Metallic lead and materials containing metallic lead with a potential for release in sufficient concentrations to pose a threat to public health.
  (14) Lead poisoning--Presence of a confirmed venous blood level established by rule in the range specified for medical evaluation and possible pharmacologic treatment in the most recent criteria issued by the United States Public Health Service, Centers for Disease Control and Prevention (CDC).
  (15) Local health department--A department created under the Texas Health and Safety Code, Chapter 121.
  (16) Physician--A person licensed to practice medicine by the Texas Medical Board.
  (17) Regional director--A physician appointed as the chief administrative officer of a public health region under the Texas Health and Safety Code, Chapter 121.

Source Note: The provisions of this §37.332 adopted to be effective December 27, 1995, 20 TexReg 10771; amended to be effective June 1, 2003, 28 TexReg 4149; amended to be effective August 28, 2008, 33 TexReg 6829