1-1 By: Glaze (Senate Sponsor - Zaffirini) H.B. No. 343
1-2 (In the Senate - Received from the House March 8, 1993;
1-3 March 9, 1993, read first time and referred to Committee on Health
1-4 and Human Services; March 31, 1993, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 9, Nays
1-6 0; March 31, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR H.B. No. 343 By: Zaffirini
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the reporting of certain injuries to the Department of
1-22 Public Health.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
1-25 amended by adding Chapter 87 to read as follows:
1-26 CHAPTER 87. INJURY PREVENTION AND CONTROL
1-27 Sec. 87.001. DEFINITIONS. In this chapter:
1-28 (1) "Injury" means damage to the body that results
1-29 from intentional or unintentional acute exposure to thermal,
1-30 mechanical, electrical, or chemical energy or from the absence of
1-31 essentials such as heat or oxygen.
1-32 (2) "Reportable injury" means an injury or condition
1-33 required to be reported under this chapter.
1-34 Sec. 87.002. REPORTABLE INJURY; RULES. (a) Spinal cord
1-35 injuries and submersion injuries are reportable to the department.
1-36 The board by rule shall define those terms for reporting purposes.
1-37 (b) The board may adopt rules that require other injuries to
1-38 be reported under this chapter.
1-39 (c) The board shall maintain and revise, as necessary, the
1-40 list of reportable injuries.
1-41 (d) The board shall adopt rules necessary to administer this
1-42 chapter.
1-43 Sec. 87.003. REPORTING REQUIREMENTS. (a) The following
1-44 persons shall report cases or suspected cases of reportable
1-45 injuries to the department:
1-46 (1) a physician who diagnoses or treats a reportable
1-47 injury; and
1-48 (2) a medical examiner or justice of the peace.
1-49 (b) The department may contact a physician attending a
1-50 person with a case or suspected case of a reportable injury.
1-51 (c) The board shall prescribe the form and method of
1-52 reporting. The board may require the reports to contain any
1-53 information necessary to achieve the purposes of this chapter,
1-54 including the person's name, address, age, sex, race, occupation,
1-55 employer, and attending physician.
1-56 Sec. 87.004. POWERS AND DUTIES OF DEPARTMENT. (a) The
1-57 department may enter into contracts or agreements as necessary to
1-58 carry out this chapter. The contracts or agreements may provide
1-59 for payment by the state for materials, equipment, and services.
1-60 (b) The department may seek, receive, and spend any funds
1-61 received through appropriations, grants, donations, or
1-62 contributions from public or private sources for the purpose of
1-63 identifying, reporting, or preventing those injuries that have been
1-64 determined by the board to be harmful or to be a threat to the
1-65 public health.
1-66 (c) Subject to the confidentiality provisions of this
1-67 chapter, the department shall evaluate the reports of injuries to
1-68 establish the nature and magnitude of the hazards associated with
2-1 those injuries, to reduce the occurrence of those risks, and to
2-2 establish any trends involved.
2-3 (d) The department may make inspections and investigations
2-4 as authorized by this chapter and other law.
2-5 Sec. 87.005. ACCESS TO INFORMATION. Subject to the
2-6 confidentiality provisions of this chapter, the department may
2-7 collect, or cause to be collected, medical, demographic, or
2-8 epidemiologic information from any medical or laboratory record or
2-9 file to help the department in the epidemiologic investigation of
2-10 injuries and their causes.
2-11 Sec. 87.006. CONFIDENTIALITY. (a) All information and
2-12 records relating to injuries are confidential, including
2-13 information from injury investigations. That information may not
2-14 be released or made public on subpoena or otherwise, except that
2-15 release may be made:
2-16 (1) for statistical purposes, but only if a person is
2-17 not identified;
2-18 (2) with the consent of each person identified in the
2-19 information released; or
2-20 (3) to medical personnel in a medical emergency to the
2-21 extent necessary to protect the health or life of the named person.
2-22 (b) The board shall adopt rules establishing procedures to
2-23 ensure that all information and records maintained by the
2-24 department under this chapter are kept confidential and protected
2-25 from release to unauthorized persons.
2-26 (c) The director, the director's designee, or an employee of
2-27 the department may not be examined in a judicial or other
2-28 proceeding about the existence or contents of pertinent records of,
2-29 investigation reports of, or reports or information about a person
2-30 examined or treated for an injury without that person's consent.
2-31 Sec. 87.007. INVESTIGATIONS. (a) The department shall
2-32 investigate the causes of injuries and methods of prevention.
2-33 (b) The director or the director's designee may enter at
2-34 reasonable times and inspect within reasonable limits a public
2-35 place or building, including a public conveyance, in the director's
2-36 duty to prevent an injury.
2-37 (c) The director or the director's designee may not enter a
2-38 private residence to conduct an investigation about the causes of
2-39 injuries without first receiving permission from a lawful adult
2-40 occupant of the residence.
2-41 Sec. 87.008. TECHNICAL ADVISORY COMMITTEE ON INJURY
2-42 REPORTING. (a) The board shall appoint a technical advisory
2-43 committee to advise the board of injuries other than spinal cord
2-44 injuries and submersion injuries that should be required by rule to
2-45 be reported under this chapter.
2-46 (b) The technical advisory committee is composed of:
2-47 (1) three doctors of medicine or doctors of
2-48 osteopathic medicine licensed to practice in this state; and
2-49 (2) three hospital representatives, one of whom must
2-50 be a public hospital representative.
2-51 (c) A technical advisory committee member serves at the
2-52 pleasure of the board.
2-53 (d) A vacancy on the technical advisory committee is filled
2-54 by the board in the same manner as other appointments to the
2-55 advisory committee.
2-56 (e) A member of the technical advisory committee is not
2-57 entitled to reimbursement for expenses incurred in performing
2-58 duties under this chapter.
2-59 (f) The technical advisory committee may elect a chairman,
2-60 vice-chairman, and secretary from among its members and may adopt
2-61 rules to conduct its activities.
2-62 (g) The technical advisory committee is entitled to review
2-63 and comment on the board's rules under Section 87.002(b) before the
2-64 rules are proposed.
2-65 Sec. 87.009. COORDINATION WITH TEXAS WORKERS' COMPENSATION
2-66 COMMISSION. The department and the Texas Workers' Compensation
2-67 Commission shall enter into a memorandum of understanding which
2-68 shall include the following:
2-69 (1) the department and commission shall exchange
2-70 relevant injury data on an ongoing basis notwithstanding Section
3-1 87.006 of this chapter;
3-2 (2) confidentiality of injury data provided to the
3-3 department by the commission is governed by the Texas Workers'
3-4 Compensation Act (Article 8308-1.01 et seq., Vernon's Texas Civil
3-5 Statutes);
3-6 (3) confidentiality of injury data provided to the
3-7 commission by the department is governed by Sec. 87.006 of this
3-8 chapter; and
3-9 (4) cooperation in conducting investigations of
3-10 work-related injuries.
3-11 SECTION 2. This Act takes effect September 1, 1993.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.
3-17 * * * * *
3-18 Austin,
3-19 Texas
3-20 March 31, 1993
3-21 Hon. Bob Bullock
3-22 President of the Senate
3-23 Sir:
3-24 We, your Committee on Health and Human Services to which was
3-25 referred H.B. No. 343, have had the same under consideration, and I
3-26 am instructed to report it back to the Senate with the
3-27 recommendation that it do not pass, but that the Committee
3-28 Substitute adopted in lieu thereof do pass and be printed.
3-29 Madla,
3-30 Acting Chair
3-31 * * * * *
3-32 WITNESSES
3-33 FOR AGAINST ON
3-34 ___________________________________________________________________
3-35 Name: Jerry Ann Robinson x x
3-36 Representing: Tx Prevention of Dev. Dis
3-37 City: Austin
3-38 -------------------------------------------------------------------
3-39 Name: Susan Cory x
3-40 Representing: Tx Workers Comp Commission
3-41 City: Austin
3-42 -------------------------------------------------------------------
3-43 Name: Cynthia Crocker x
3-44 Representing: Brackenridge Hospital
3-45 City: Austin
3-46 -------------------------------------------------------------------
3-47 Name: Ann M. Streetman x
3-48 Representing: Tx Safety Assoc.
3-49 City: Austin
3-50 -------------------------------------------------------------------
3-51 Name: Bobbi Thomas x
3-52 Representing: Scott & White Hospital
3-53 City: Temple
3-54 -------------------------------------------------------------------
3-55 Name: Dennis Perrotta x
3-56 Representing: Tx. Dept of Health
3-57 City: Austin
3-58 -------------------------------------------------------------------
3-59 Name: Harry W. Wallingford x
3-60 Representing: Texas Bus. Group on Health
3-61 City: Austin
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