By: Truan S.B. No. 89 73R635 LGF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to establishing a birth defects registry. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is 1-5 amended by adding Chapter 87 to read as follows: 1-6 CHAPTER 87. BIRTH DEFECTS 1-7 SUBCHAPTER A. GENERAL PROVISIONS 1-8 Sec. 87.001. DEFINITIONS. In this chapter: 1-9 (1) "Birth defect" means a physical or mental 1-10 functional deficit or impairment in a human embryo, fetus, or 1-11 newborn resulting from one or more genetic or environmental causes. 1-12 (2) "Communicable disease" has the meaning assigned by 1-13 Section 81.003. 1-14 (3) "Environmental causes" means the sum total of all 1-15 the conditions and elements that make up the surroundings and 1-16 influence the development of an individual, including communicable 1-17 diseases, toxic substances, and harmful physical agents. 1-18 (4) "Harmful physical agent" has the meaning assigned 1-19 by Section 503.001. 1-20 (5) "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 (6) "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 (7) "Midwife" has the meaning assigned by Section 1, 2-20 Texas Midwifery Act (Article 4512i, Vernon's Texas Civil Statutes). 2-21 (8) "Local health unit" has the meaning assigned by 2-22 Section 121.004. 2-23 (9) "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 and 3-22 monitoring 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 in a 3-27 medical emergency to protect the health or life of the child 4-1 identified in the information. 4-2 (d) A board member, the commissioner, another employee of 4-3 the department or an authorized agent may not be examined in a 4-4 civil, criminal, special, or other proceeding as to the existence 4-5 or contents of pertinent records of, or reports or information 4-6 about, a child identified or monitored for a birth defect by the 4-7 department without the consent of the child's parents, managing 4-8 conservator, guardian, or other person authorized by law of another 4-9 state or 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 (Sections 87.006-87.020 reserved for expansion 4-27 SUBCHAPTER B. BIRTH DEFECTS MONITORING PROGRAM 5-1 Sec. 87.021. SURVEILLANCE PROGRAM; REGISTRY ESTABLISHED. 5-2 (a) The board may establish in the department a program to: 5-3 (1) identify and investigate certain birth defects in 5-4 children; and 5-5 (2) maintain a central registry of cases of birth 5-6 defects. 5-7 (b) The board may authorize the department to implement a 5-8 statewide program or to limit the program to a part or all of one 5-9 or more public health regions, depending on the funding available 5-10 to the department. In establishing the program, the board shall 5-11 consider: 5-12 (1) the number and geographic distribution of births 5-13 in the state; 5-14 (2) the trained personnel and other departmental 5-15 resources that may be assigned to the program activities; and 5-16 (3) the occurrence or probable occurrence of an urgent 5-17 situation that requires or will require an unusual commitment of 5-18 the department's personnel and other resources. 5-19 (c) The board and the department shall design the program so 5-20 that the program will: 5-21 (1) provide information on the incidence, prevalence, 5-22 and trends in the occurrence of birth defects in the state; 5-23 (2) provide information to determine if environmental 5-24 hazards are associated with birth defects and to identify those 5-25 environmental hazards; 5-26 (3) provide information on other possible causes of 5-27 birth defects; 6-1 (4) provide for the development of strategies to 6-2 prevent birth defects; 6-3 (5) provide for interview studies about the causes of 6-4 birth defects; 6-5 (6) together with other departmental programs, 6-6 contribute birth defects data to a central registry; and 6-7 (7) provide for the appointment of authorized agents 6-8 to collect birth defect information. 6-9 (d) The board shall adopt rules to govern the operation of 6-10 the program and carry out the intent of this chapter. At a 6-11 minimum, the rules shall: 6-12 (1) use a medically recognized system to specify the 6-13 birth defects to be identified and investigated; 6-14 (2) select a system for classifying the birth defects 6-15 according to the public health significance of each defect to 6-16 prioritize the use of resources; 6-17 (3) develop a system to select and specify the cases 6-18 to be investigated; 6-19 (4) specify a system for selecting the demographic 6-20 areas in which the department may undertake investigations; and 6-21 (5) prescribe the training and experience a person 6-22 must have for appointment as an authorized agent of the department. 6-23 (e) In adopting the rules required by Subsection (d), the 6-24 board shall consider at least: 6-25 (1) the known incidence and prevalence rates of a 6-26 particular birth defect in specific population groups who live in 6-27 the state or portions of the state; 7-1 (2) the known incidence and prevalence rates of a 7-2 particular birth defect in specific population groups who live in 7-3 the state or portions of the state; 7-4 (3) the morbidity and mortality resulting from the 7-5 birth defect; and 7-6 (4) the existence, cost, and availability of a 7-7 strategy to prevent and treat the birth defect. 7-8 Sec. 87.022. DATA COLLECTION. (a) To ensure an accurate 7-9 source of data necessary to investigate the incidence, prevalence, 7-10 and trends of birth defects, the board may require a health 7-11 facility, health professional, or midwife to make available for 7-12 review by the department or by an authorized agent medical records 7-13 or other information that is in the facility's, professional's, or 7-14 midwife's custody or control and that relates to the occurrence of 7-15 a birth defect specified by the board. 7-16 (b) The board by rule shall prescribe the manner in which 7-17 records and other information are made available to the department. 7-18 The rules may require that the following sources be made available 7-19 to the department or an authorized agent: 7-20 (1) the medical records of a child reported as having 7-21 a specified birth defect; 7-22 (2) the medical records of that child's natural 7-23 parents and other appropriate collateral relatives; 7-24 (3) the medical records of a mother suspected of or 7-25 diagnosed as having a fetal death, miscarriage, or pregnancy 7-26 termination, if the embryo or fetus was suspected or diagnosed as 7-27 having a specified birth defect; and 8-1 (4) the records of another person who has agreed to 8-2 serve as a control for interview studies about the causes of birth 8-3 defects. 8-4 (c) The board shall adopt procedural rules to facilitate 8-5 cooperation between the health care facility, health professional, 8-6 or midwife and a department employee or authorized agent, including 8-7 rules for notice, requests for medical records, times for record 8-8 reviews, and record management during review. 8-9 Sec. 87.023. REFERRAL FOR SERVICES. A child who meets the 8-10 medical criteria prescribed by board rule, and the child's family, 8-11 may be referred to the department's case management program for 8-12 guidance in applying for financial or medical assistance available 8-13 through existing state and federal programs. 8-14 (Sections 87.024-87.040 reserved for expansion 8-15 SUBCHAPTER C. INVESTIGATIONS AND INSPECTIONS 8-16 Sec. 87.041. INVESTIGATIONS. (a) The department may 8-17 conduct investigations, including epidemiological or toxicological 8-18 investigations, of cases of specified birth defects. 8-19 (b) The department may conduct these investigations to 8-20 determine the nature and extent of the disease or environmental 8-21 exposure believed or suspected to have resulted in the birth defect 8-22 and to formulate and evaluate control measures to protect the 8-23 public health. The department's investigation is not limited to 8-24 geographic, temporal, or occupational associations and may include 8-25 investigation of past exposures. 8-26 (c) A person shall provide medical, demographic, 8-27 epidemiological, toxicological, and environmental information to 9-1 the department under this chapter. 9-2 (d) A person is not liable in damages or other relief for 9-3 providing medical or other confidential information to the 9-4 department during an epidemiological or toxicological 9-5 investigation. 9-6 Sec. 87.042. DEPARTMENTAL INVESTIGATORY POWERS. To conduct 9-7 an investigation under this chapter, the commissioner or the 9-8 commissioner's designee has the same authority to enter, inspect, 9-9 investigate, and take samples and to do so in the same manner as is 9-10 provided for communicable diseases under Sections 81.061, 81.063, 9-11 81.064, and 81.065. 9-12 (Sections 87.043-87.060 reserved for expansion 9-13 SUBCHAPTER D. CENTRAL REGISTRY 9-14 Sec. 87.061. REGISTRY; CONFIDENTIALITY. (a) Information 9-15 collected and analyzed by the department or an authorized agent 9-16 under this chapter may be placed in a central registry to 9-17 facilitate research and to maintain security. The department may 9-18 also store information available from other departmental programs 9-19 and information from other reporting systems and healthcare 9-20 providers. 9-21 (b) The department shall use the registry to: 9-22 (1) investigate the causes of birth defects and other 9-23 health conditions; 9-24 (2) design and evaluate measures to prevent the 9-25 occurrence of birth defects and other health conditions; and 9-26 (3) conduct other investigations and activities 9-27 necessary for the board and department to fulfill their obligation 10-1 to protect the health of the public. 10-2 (c) The department may store in the central registry 10-3 information that is obtained from the section of the birth 10-4 certificate entitled "For Medical and Health Use Only." This 10-5 information may be used only as provided by Section 191.002(b), 10-6 relating to the form and contents of the birth certificate. 10-7 Sec. 87.062. ACCESS TO INFORMATION. (a) Access to the 10-8 central registry information is limited to authorized department 10-9 employees and other persons with a valid scientific interest who 10-10 are engaged in demographic, epidemiological, or other studies 10-11 related to health and who agree in writing to maintain 10-12 confidentiality. 10-13 (b) The department shall maintain a listing of each person 10-14 who is given access to the information in the central registry. 10-15 The listing shall include: 10-16 (1) the name of the person authorizing access; 10-17 (2) the name, title, and organizational affiliation of 10-18 each person given access; 10-19 (3) the dates of access; and 10-20 (4) the specific purpose for which the information was 10-21 used. 10-22 (c) The listing is public information, is open to the public 10-23 under the open records law, Chapter 424, Acts of the 63rd 10-24 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's 10-25 Texas Civil Statutes), and may be inspected during the department's 10-26 normal hours of operation. 10-27 Sec. 87.063. RESEARCH; REVIEW AND APPROVAL. (a) The 11-1 commissioner and the department's committee for the protection of 11-2 human subjects shall review each research proposal that requests 11-3 the use of information in the central registry. The board shall 11-4 adopt rules establishing criteria to be used in deciding if the 11-5 research design should be approved. A proposal that meets the 11-6 approval criteria is considered to establish a valid interest as 11-7 required by Section 87.062(a), and the commissioner and the 11-8 committee shall authorize the researcher to review the records 11-9 relevant to the research proposal and to contact cases and 11-10 controls. 11-11 (b) If an investigator using central registry data under a 11-12 research design approved under this section believes it is 11-13 necessary to contact case subjects and controls, the investigator 11-14 must submit a protocol describing the purpose and method to the 11-15 commissioner and the department's committee for the protection of 11-16 human subjects. If the contact protocol is approved, the 11-17 investigator is considered to have established a bona fide 11-18 research, development, or planning purpose and is entitled to carry 11-19 out the contacts without securing additional approvals or waivers 11-20 from any entity. 11-21 Sec. 87.064. REPORT OF CENTRAL REGISTRY ACTIVITIES AND 11-22 FINDINGS. The department may publish a periodic report of 11-23 activities using data contained in the central registry. The 11-24 report may include: 11-25 (1) a description of research projects in progress 11-26 since the last report and the sponsors and principal investigators 11-27 directing each project; 12-1 (2) results of the completed research projects either 12-2 as an abstract or a complete scientific paper that has been 12-3 reviewed and approved by an appropriate jury; and 12-4 (3) such other information as the editors of the 12-5 report find is appropriate. 12-6 SECTION 2. (a) This Act takes effect September 1, 1993. 12-7 (b) The Texas Board of Health shall adopt rules as required 12-8 by Chapter 87, Health and Safety Code, as added by this Act, not 12-9 later than October 15, 1993. 12-10 (c) The Texas Department of Health shall begin to collect 12-11 information as required by Chapter 87, Health and Safety Code, as 12-12 added by this Act, not later than January 1, 1994. 12-13 SECTION 3. The importance of this legislation and the 12-14 crowded condition of the calendars in both houses create an 12-15 emergency and an imperative public necessity that the 12-16 constitutional rule requiring bills to be read on three several 12-17 days in each house be suspended, and this rule is hereby suspended.