H.B. No. 343
1-1 AN ACT
1-2 relating to the reporting of certain injuries to the Department of
1-3 Public Health.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
1-6 amended by adding Chapter 87 to read as follows:
1-7 CHAPTER 87. INJURY PREVENTION AND CONTROL
1-8 Sec. 87.001. DEFINITIONS. In this chapter:
1-9 (1) "Injury" means damage to the body that results
1-10 from intentional or unintentional acute exposure to thermal,
1-11 mechanical, electrical, or chemical energy or from the absence of
1-12 essentials such as heat or oxygen.
1-13 (2) "Reportable injury" means an injury or condition
1-14 required to be reported under this chapter.
1-15 Sec. 87.002. REPORTABLE INJURY; RULES. (a) Spinal cord
1-16 injuries and submersion injuries are reportable to the department.
1-17 The board by rule shall define those terms for reporting purposes.
1-18 (b) The board may adopt rules that require other injuries to
1-19 be reported under this chapter.
1-20 (c) The board shall maintain and revise, as necessary, the
1-21 list of reportable injuries.
1-22 (d) The board shall adopt rules necessary to administer this
1-23 chapter.
1-24 Sec. 87.003. REPORTING REQUIREMENTS. (a) The following
2-1 persons shall report cases or suspected cases of reportable
2-2 injuries to the department:
2-3 (1) a physician who diagnoses or treats a reportable
2-4 injury; and
2-5 (2) a medical examiner or justice of the peace.
2-6 (b) The department may contact a physician attending a
2-7 person with a case or suspected case of a reportable injury.
2-8 (c) The board shall prescribe the form and method of
2-9 reporting. The board may require the reports to contain any
2-10 information necessary to achieve the purposes of this chapter,
2-11 including the person's name, address, age, sex, race, occupation,
2-12 employer, and attending physician.
2-13 Sec. 87.004. POWERS AND DUTIES OF DEPARTMENT. (a) The
2-14 department may enter into contracts or agreements as necessary to
2-15 carry out this chapter. The contracts or agreements may provide
2-16 for payment by the state for materials, equipment, and services.
2-17 (b) The department may seek, receive, and spend any funds
2-18 received through appropriations, grants, donations, or
2-19 contributions from public or private sources for the purpose of
2-20 identifying, reporting, or preventing those injuries that have been
2-21 determined by the board to be harmful or to be a threat to the
2-22 public health.
2-23 (c) Subject to the confidentiality provisions of this
2-24 chapter, the department shall evaluate the reports of injuries to
2-25 establish the nature and magnitude of the hazards associated with
2-26 those injuries, to reduce the occurrence of those risks, and to
2-27 establish any trends involved.
3-1 (d) The department may make inspections and investigations
3-2 as authorized by this chapter and other law.
3-3 Sec. 87.005. ACCESS TO INFORMATION. Subject to the
3-4 confidentiality provisions of this chapter, the department may
3-5 collect, or cause to be collected, medical, demographic, or
3-6 epidemiologic information from any medical or laboratory record or
3-7 file to help the department in the epidemiologic investigation of
3-8 injuries and their causes.
3-9 Sec. 87.006. CONFIDENTIALITY. (a) All information and
3-10 records relating to injuries are confidential, including
3-11 information from injury investigations. That information may not
3-12 be released or made public on subpoena or otherwise, except that
3-13 release may be made:
3-14 (1) for statistical purposes, but only if a person is
3-15 not identified;
3-16 (2) with the consent of each person identified in the
3-17 information released; or
3-18 (3) to medical personnel in a medical emergency to the
3-19 extent necessary to protect the health or life of the named person.
3-20 (b) The board shall adopt rules establishing procedures to
3-21 ensure that all information and records maintained by the
3-22 department under this chapter are kept confidential and protected
3-23 from release to unauthorized persons.
3-24 (c) The director, the director's designee, or an employee of
3-25 the department may not be examined in a judicial or other
3-26 proceeding about the existence or contents of pertinent records of,
3-27 investigation reports of, or reports or information about a person
4-1 examined or treated for an injury without that person's consent.
4-2 Sec. 87.007. INVESTIGATIONS. (a) The department shall
4-3 investigate the causes of injuries and methods of prevention.
4-4 (b) The director or the director's designee may enter at
4-5 reasonable times and inspect within reasonable limits a public
4-6 place or building, including a public conveyance, in the director's
4-7 duty to prevent an injury.
4-8 (c) The director or the director's designee may not enter a
4-9 private residence to conduct an investigation about the causes of
4-10 injuries without first receiving permission from a lawful adult
4-11 occupant of the residence.
4-12 Sec. 87.008. TECHNICAL ADVISORY COMMITTEE ON INJURY
4-13 REPORTING. (a) The board shall appoint a technical advisory
4-14 committee to advise the board of injuries other than spinal cord
4-15 injuries and submersion injuries that should be required by rule to
4-16 be reported under this chapter.
4-17 (b) The technical advisory committee is composed of:
4-18 (1) three doctors of medicine or doctors of
4-19 osteopathic medicine licensed to practice in this state; and
4-20 (2) three hospital representatives, one of whom must
4-21 be a public hospital representative.
4-22 (c) A technical advisory committee member serves at the
4-23 pleasure of the board.
4-24 (d) A vacancy on the technical advisory committee is filled
4-25 by the board in the same manner as other appointments to the
4-26 advisory committee.
4-27 (e) A member of the technical advisory committee is not
5-1 entitled to reimbursement for expenses incurred in performing
5-2 duties under this chapter.
5-3 (f) The technical advisory committee may elect a chairman,
5-4 vice-chairman, and secretary from among its members and may adopt
5-5 rules to conduct its activities.
5-6 (g) The technical advisory committee is entitled to review
5-7 and comment on the board's rules under Section 87.002(b) before the
5-8 rules are proposed.
5-9 Sec. 87.009. COORDINATION WITH TEXAS WORKERS' COMPENSATION
5-10 COMMISSION. The department and the Texas Workers' Compensation
5-11 Commission shall enter into a memorandum of understanding which
5-12 shall include the following:
5-13 (1) the department and commission shall exchange
5-14 relevant injury data on an ongoing basis notwithstanding Section
5-15 87.006 of this chapter;
5-16 (2) confidentiality of injury data provided to the
5-17 department by the commission is governed by the Texas Workers'
5-18 Compensation Act (Article 8308-1.01 et seq., Vernon's Texas Civil
5-19 Statutes);
5-20 (3) confidentiality of injury data provided to the
5-21 commission by the department is governed by Section 87.006 of this
5-22 chapter; and
5-23 (4) cooperation in conducting investigations of
5-24 work-related injuries.
5-25 SECTION 2. This Act takes effect September 1, 1993.
5-26 SECTION 3. The importance of this legislation and the
5-27 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended.