By: Truan, et al. S.B. No. 89 A BILL TO BE ENTITLED AN ACT 1-1 relating to establishing a birth defects registry. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is 1-4 amended by adding Chapter 87 to read as follows: 1-5 CHAPTER 87. BIRTH DEFECTS 1-6 SUBCHAPTER A. GENERAL PROVISIONS 1-7 Sec. 87.001. DEFINITIONS. In this chapter: 1-8 (1) "Birth defect" means a physical or mental 1-9 functional deficit or impairment in a human embryo, fetus, or 1-10 newborn resulting from one or more genetic or environmental causes. 1-11 (2) "Communicable disease" has the meaning assigned by 1-12 Section 81.003. 1-13 (3) "Director" means the executive head of the 1-14 department. 1-15 (4) "Environmental causes" means the sum total of all 1-16 the conditions and elements that make up the surroundings and 1-17 influence the development of an individual. 1-18 (5) "Harmful physical agent" has the meaning assigned 1-19 by Section 503.001. 1-20 (6) "Health professional" means an individual whose: 1-21 (A) vocation or profession is directly or 1-22 indirectly related to the maintenance of health in another 1-23 individual; and 1-24 (B) duties require a specified amount of formal 2-1 education and may require a special examination, certificate, or 2-2 license or membership in a regional or national association. 2-3 (7) "Health facility" includes: 2-4 (A) a general or special hospital licensed by 2-5 the department under Chapter 241; 2-6 (B) a physician-owned or physician-operated 2-7 clinic; 2-8 (C) a publicly or privately funded medical 2-9 school; 2-10 (D) a state hospital or state school maintained 2-11 and managed by the Texas Department of Mental Health and Mental 2-12 Retardation; 2-13 (E) a genetic evaluation and counseling center; 2-14 (F) a public health clinic conducted by a local 2-15 health unit, health department, or public health district organized 2-16 and recognized under Chapter 121; 2-17 (G) a physician peer review organization; and 2-18 (H) another facility specified by board rule. 2-19 (8) "Midwife" has the meaning assigned by Section 1, 2-20 Texas Midwifery Act (Article 4512i, Vernon's Texas Civil Statutes). 2-21 (9) "Local health unit" has the meaning assigned by 2-22 Section 121.004. 2-23 (10) "Toxic substance" has the meaning assigned by 2-24 Section 503.001. 2-25 Sec. 87.002. CONFIDENTIALITY. (a) Except as specifically 2-26 authorized by this chapter, reports, records, and information 2-27 furnished to a department employee or to an authorized agent of the 3-1 department that relate to cases or suspected cases of a health 3-2 condition are confidential and may be used only for the purposes of 3-3 this chapter. 3-4 (b) Reports, records, and information relating to cases or 3-5 suspected cases of health conditions are not public information 3-6 under the open records law, Chapter 424, Acts of the 63rd 3-7 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's 3-8 Texas Civil Statutes), and may not be released or made public on 3-9 subpoena or otherwise except as provided by this chapter. 3-10 (c) The department may release medical, epidemiological, or 3-11 toxicological information: 3-12 (1) for statistical purposes, if released in a manner 3-13 that prevents the identification of any person; 3-14 (2) with the consent of each person identified in the 3-15 information or, if the person is a minor, the minor's parents, 3-16 managing conservator, guardian, or other person who is legally 3-17 authorized to consent; 3-18 (3) to medical personnel, appropriate state agencies, 3-19 health authorities, regional directors, and public officers of 3-20 counties and municipalities as necessary to comply with this 3-21 chapter and board rules relating to the identification, monitoring, 3-22 and referral of children with birth defects; 3-23 (4) to appropriate federal agencies, such as the 3-24 Centers for Disease Control of the United States Public Health 3-25 Service; or 3-26 (5) to medical personnel to the extent necessary to 3-27 protect the health or life of the child identified in the 4-1 information. 4-2 (d) A board member, the director, another employee of the 4-3 department, or an authorized agent may not be examined in a civil, 4-4 criminal, special, or other proceeding as to the existence or 4-5 contents of pertinent records of or reports or information about a 4-6 child identified or monitored for a birth defect by the department 4-7 without the consent of the child's parents, managing conservator, 4-8 guardian, or other person authorized by law of this state or 4-9 another state or by a court order to give consent. 4-10 Sec. 87.003. CONTRACTS. The department may enter into 4-11 contracts or agreements with persons as necessary to implement this 4-12 chapter. The contracts or agreements may provide for payment by 4-13 the state for supplies, equipment, data, and data collection and 4-14 other services. 4-15 Sec. 87.004. LIMITATION OF LIABILITY. A health 4-16 professional, a health facility, or an administrator, officer, or 4-17 employee of a health facility subject to this chapter is not 4-18 civilly or criminally liable for divulging information required to 4-19 be released under this chapter, except in a case of gross 4-20 negligence or wilful misconduct. 4-21 Sec. 87.005. COOPERATION OF GOVERNMENTAL ENTITIES. Another 4-22 state board, commission, agency, or governmental entity capable of 4-23 assisting the department in carrying out the intent of this chapter 4-24 shall cooperate with the department and furnish expertise, 4-25 services, and facilities to the program. 4-26 Sec. 87.006. SCIENTIFIC ADVISORY COMMITTEE. (a) The 4-27 director shall establish a scientific advisory committee to provide 5-1 practical and scientific advice to the department in implementing 5-2 an effective birth defects registry and related research, referral, 5-3 and educational activities. 5-4 (b) The committee may be composed of not more than 11 5-5 members and must include scientific experts in the fields of birth 5-6 defects, genetics, epidemiology, and medicine. At least one member 5-7 must be from the general public. 5-8 (c) If the department implements a pilot birth defects 5-9 registry in selected regions of the state, membership of the 5-10 scientific advisory committee must include persons who work or live 5-11 in the areas where the pilot birth defects registry activity is 5-12 implemented. 5-13 (Sections 87.007 to 87.020 reserved for expansion 5-14 SUBCHAPTER B. BIRTH DEFECTS MONITORING PROGRAM 5-15 Sec. 87.021. SURVEILLANCE PROGRAM; REGISTRY ESTABLISHED. 5-16 (a) The board may establish in the department a program to: 5-17 (1) identify and investigate certain birth defects in 5-18 children; and 5-19 (2) maintain a central registry of cases of birth 5-20 defects. 5-21 (b) The board may authorize the department to implement a 5-22 statewide program or to limit the program to a part or all of one 5-23 or more public health regions, depending on the funding available 5-24 to the department. In establishing the program, the board shall 5-25 consider: 5-26 (1) the number and geographic distribution of births 5-27 in the state; 6-1 (2) the trained personnel and other departmental 6-2 resources that may be assigned to the program activities; and 6-3 (3) the occurrence or probable occurrence of an urgent 6-4 situation that requires or will require an unusual commitment of 6-5 the department's personnel and other resources. 6-6 (c) The board and the department shall design the program so 6-7 that the program will: 6-8 (1) provide information to identify risk factors and 6-9 causes of birth defects; 6-10 (2) provide information on other possible causes of 6-11 birth defects; 6-12 (3) provide for the development of strategies to 6-13 prevent birth defects; 6-14 (4) provide for interview studies about the causes of 6-15 birth defects; 6-16 (5) together with other departmental programs, 6-17 contribute birth defects data to a central registry; 6-18 (6) provide for the appointment of authorized agents 6-19 to collect birth defects information; and 6-20 (7) provide for the active, not passive, collection of 6-21 birth defects information. 6-22 (d) The board shall adopt rules to govern the operation of 6-23 the program and carry out the intent of this chapter. At a 6-24 minimum, the rules shall: 6-25 (1) use a medically recognized system to specify the 6-26 birth defects to be identified and investigated; 6-27 (2) select a system for classifying the birth defects 7-1 according to the public health significance of each defect to 7-2 prioritize the use of resources; 7-3 (3) develop a system to select and specify the cases 7-4 to be investigated; 7-5 (4) specify a system for selecting the demographic 7-6 areas in which the department may undertake investigations; and 7-7 (5) prescribe the training and experience a person 7-8 must have for appointment as an authorized agent of the department. 7-9 (e) In adopting the rules required by Subsection (d), the 7-10 board shall consider at least: 7-11 (1) the known incidence and prevalence rates of a 7-12 birth defect in the state or portions of the state; 7-13 (2) the known incidence and prevalence rates of a 7-14 particular birth defect in specific population groups who live in 7-15 the state or portions of the state; 7-16 (3) the morbidity and mortality resulting from the 7-17 birth defect; and 7-18 (4) the existence, cost, and availability of a 7-19 strategy to prevent and treat the birth defect. 7-20 Sec. 87.022. DATA COLLECTION. (a) To ensure an accurate 7-21 source of data necessary to investigate the incidence, prevalence, 7-22 and trends of birth defects, the board may require a health 7-23 facility, health professional, or midwife to make available for 7-24 review by the department or by an authorized agent medical records 7-25 or other information that is in the facility's, professional's, or 7-26 midwife's custody or control and that relates to the occurrence of 7-27 a birth defect specified by the board. 8-1 (b) The board by rule shall prescribe the manner in which 8-2 records and other information are made available to the department. 8-3 (c) The board shall adopt procedural rules to facilitate 8-4 cooperation between the health care facility, health professional, 8-5 or midwife and a department employee or authorized agent, including 8-6 rules for notice, requests for medical records, times for record 8-7 reviews, and record management during review. 8-8 Sec. 87.023. REFERRAL FOR SERVICES. A child who meets the 8-9 medical criteria prescribed by board rule, and the child's family, 8-10 shall be referred to the department's case management program for 8-11 guidance in applying for financial or medical assistance available 8-12 through existing state and federal programs. 8-13 (Sections 87.024 to 87.040 reserved for expansion 8-14 SUBCHAPTER C. INVESTIGATIONS AND INSPECTIONS 8-15 Sec. 87.041. INVESTIGATIONS. (a) The department may 8-16 conduct investigations, including epidemiological or toxicological 8-17 investigations, of cases of specified birth defects. 8-18 (b) The department may conduct these investigations to 8-19 determine the nature and extent of the disease or the known or 8-20 suspected cause of the birth defect and to formulate and evaluate 8-21 control measures to protect the public health. The department's 8-22 investigation is not limited to geographic, temporal, or 8-23 occupational associations and may include investigation of past 8-24 exposures. 8-25 (c) A person shall provide medical, demographic, 8-26 epidemiological, toxicological, and environmental information to 8-27 the department under this chapter. 9-1 (d) A person is not liable in damages or other relief for 9-2 providing medical or other confidential information to the 9-3 department during an epidemiological or toxicological 9-4 investigation. 9-5 Sec. 87.042. DEPARTMENTAL INVESTIGATORY POWERS. To conduct 9-6 an investigation under this chapter, the director or the director's 9-7 designee has the same authority to enter, inspect, investigate, and 9-8 take samples and to do so in the same manner as is provided for 9-9 communicable diseases under Sections 81.061, 81.063, 81.064, and 9-10 81.065. 9-11 (Sections 87.043 to 87.060 reserved for expansion 9-12 SUBCHAPTER D. CENTRAL REGISTRY 9-13 Sec. 87.061. REGISTRY; CONFIDENTIALITY. (a) Information 9-14 collected and analyzed by the department or an authorized agent 9-15 under this chapter may be placed in a central registry to 9-16 facilitate research and to maintain security. The department may 9-17 also store information available from other departmental programs 9-18 and information from other reporting systems and healthcare 9-19 providers. 9-20 (b) The department shall use the registry to: 9-21 (1) investigate the causes of birth defects and other 9-22 health conditions; 9-23 (2) design and evaluate measures to prevent the 9-24 occurrence of birth defects and other health conditions; and 9-25 (3) conduct other investigations and activities 9-26 necessary for the board and department to fulfill their obligation 9-27 to protect the health of the public. 10-1 (c) The department may store in the central registry 10-2 information that is obtained from the section of the birth 10-3 certificate entitled "For Medical and Health Use Only." This 10-4 information may be used only as provided by Section 191.002(b), 10-5 relating to the form and contents of the birth certificate. 10-6 Sec. 87.062. ACCESS TO INFORMATION. (a) Access to the 10-7 central registry information is limited to authorized department 10-8 employees and other persons with a valid scientific interest who 10-9 are engaged in demographic, epidemiological, or other studies 10-10 related to health and who agree in writing to maintain 10-11 confidentiality. 10-12 (b) The department shall maintain a listing of each person 10-13 who is given access to the information in the central registry. 10-14 The listing shall include: 10-15 (1) the name of the person authorizing access; 10-16 (2) the name, title, and organizational affiliation of 10-17 each person given access; 10-18 (3) the dates of access; and 10-19 (4) the specific purpose for which the information was 10-20 used. 10-21 (c) The listing is public information, is open to the public 10-22 under the open records law, Chapter 424, Acts of the 63rd 10-23 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's 10-24 Texas Civil Statutes), and may be inspected during the department's 10-25 normal hours of operation. 10-26 Sec. 87.063. RESEARCH; REVIEW AND APPROVAL. (a) The 10-27 director and the department's committee for the protection of human 11-1 subjects shall review each research proposal that requests the use 11-2 of information in the central registry. The board shall adopt 11-3 rules establishing criteria to be used in deciding if the research 11-4 design should be approved. A proposal that meets the approval 11-5 criteria is considered to establish a valid interest as required by 11-6 Section 87.062(a), and the director and the committee shall 11-7 authorize the researcher to review the records relevant to the 11-8 research proposal and to contact cases and controls. 11-9 (b) If an investigator using central registry data under a 11-10 research design approved under this section believes it is 11-11 necessary to contact case subjects and controls, the investigator 11-12 must submit a protocol describing the purpose and method to the 11-13 director and the department's committee for the protection of human 11-14 subjects. If the contact protocol is approved, the investigator is 11-15 considered to have established a bona fide research, development, 11-16 or planning purpose and is entitled to carry out the contacts 11-17 without securing additional approvals or waivers from any entity. 11-18 Sec. 87.064. REPORT OF CENTRAL REGISTRY ACTIVITIES AND 11-19 FINDINGS. (a) The department shall publish an annual report of 11-20 activities using data contained in the central registry. The 11-21 report shall include: 11-22 (1) a description of research projects in progress 11-23 since the last report and the sponsors and principal investigators 11-24 directing each project; 11-25 (2) results of the completed research projects either 11-26 as an abstract or a complete scientific paper that has been 11-27 reviewed and approved by an appropriate jury; 12-1 (3) a summary of the statistical information compiled 12-2 in the registry, including a specific discussion of any clusters, 12-3 high or low incidences, or prevalences or trends encountered; 12-4 (4) any policy, research, educational, or other 12-5 recommendations the department considers appropriate; and 12-6 (5) such other information the editors of the report 12-7 find is appropriate. 12-8 (b) The department may publish periodic reports in addition 12-9 to the annual report. 12-10 Sec. 87.065. COORDINATION WITH MEXICO. In developing the 12-11 central registry and conducting research in areas of this state 12-12 that border Mexico, the department shall make every effort to 12-13 coordinate its efforts with similar efforts and research programs 12-14 in Mexico. 12-15 SECTION 2. (a) This Act takes effect September 1, 1993. 12-16 (b) The Texas Board of Health shall adopt rules as required 12-17 by Chapter 87, Health and Safety Code, as added by this Act, not 12-18 later than October 15, 1993. 12-19 (c) The Texas Department of Health shall begin to collect 12-20 information as required by Chapter 87, Health and Safety Code, as 12-21 added by this Act, not later than January 1, 1994. 12-22 SECTION 3. The importance of this legislation and the 12-23 crowded condition of the calendars in both houses create an 12-24 emergency and an imperative public necessity that the 12-25 constitutional rule requiring bills to be read on three several 12-26 days in each house be suspended, and this rule is hereby suspended.