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 3-62 -------------------------------------------------------------------