By: Truan S.B. No. 90
73R820 LGF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the access to information for epidemiologic and
1-3 toxicologic investigations by the Texas Department of Health.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 161, Health and Safety
1-6 Code, is amended by adding Sections 161.0211, 161.0212, 161.0213,
1-7 and 161.0214 to read as follows:
1-8 Sec. 161.0211. EPIDEMIOLOGIC OR TOXICOLOGIC INVESTIGATIONS.
1-9 (a) The department shall conduct epidemiologic or toxicologic
1-10 investigations of human illness or conditions and of environmental
1-11 exposures that are harmful or believed to be harmful to the public
1-12 health to:
1-13 (1) determine the nature and extent of the disease or
1-14 environmental exposure believed to be harmful; and
1-15 (2) formulate and evaluate control measures to protect
1-16 the public health.
1-17 (b) A person shall provide medical, demographic,
1-18 epidemiologic, or toxicologic information to the department on
1-19 request in accordance with the department's written instructions.
1-20 (c) A person is not liable for damages or other relief for
1-21 furnishing to the department medical or other confidential
1-22 information during an epidemiologic or toxicologic investigation.
1-23 Sec. 161.0212. RIGHT OF ENTRY. To conduct an epidemiologic
1-24 or toxicologic investigation, the commissioner or the
2-1 commissioner's designee has the right of entry on land or in a
2-2 building, vehicle, watercraft, or aircraft and the right of access
2-3 to an individual, animal, or object that is in isolation,
2-4 detention, restriction, or quarantine instituted by the
2-5 commissioner or a health authority or instituted voluntarily on
2-6 instructions of a private physician.
2-7 Sec. 161.0213. INSPECTION. (a) The commissioner or the
2-8 commissioner's designee may enter a public place at reasonable
2-9 times and within reasonable limits to inspect and collect medical,
2-10 demographic, epidemiologic, or toxicologic information in the
2-11 performance of that person's duty to conduct epidemiologic or
2-12 toxicologic investigations under this subchapter.
2-13 (b) In this section, "a public place" means all or any
2-14 portion of an area, building or other structure, or conveyance that
2-15 is not used for private residential purposes, regardless of
2-16 ownership.
2-17 Sec. 161.0214. SAMPLES. (a) A person authorized to conduct
2-18 epidemiologic or toxicologic investigations under this subchapter
2-19 may take samples of materials present on the premises, including
2-20 soil, water, unprocessed or processed foodstuffs, manufactured
2-21 clothing, pharmaceuticals, and household goods.
2-22 (b) A person who takes a sample under this section shall
2-23 offer a corresponding sample to the person in control of the
2-24 premises for independent analysis.
2-25 (c) A person who takes a sample under this section may
2-26 reimburse or offer to reimburse the owner for the materials taken.
2-27 The reimbursement may not exceed the actual monetary loss to the
3-1 owner.
3-2 SECTION 2. Section 161.022, Health and Safety Code, is
3-3 amended to read as follows:
3-4 Sec. 161.022. USE AND PUBLICATION RESTRICTIONS;
3-5 CONFIDENTIALITY. (a) Except as provided by Subsection (b), the
3-6 <The> department, a medical organization, a hospital, or a hospital
3-7 committee may use or publish information under Sections <Section>
3-8 161.021 and 161.0211 only to advance medical research or medical
3-9 education in the interest of reducing morbidity or mortality,
3-10 except that a summary of the studies may be released by those
3-11 persons for general publication.
3-12 (b) The identity of a person whose condition or treatment
3-13 has been studied is confidential and may not be revealed except:
3-14 (1) in an immunization survey <surveys> conducted by
3-15 or for the department to identify persons who need immunization;
3-16 and
3-17 (2) as a result of information gathered during an
3-18 epidemiologic or toxicologic investigation by the department, to
3-19 inform a person who has or may have been exposed to a disease or
3-20 environmental agent believed to be harmful.
3-21 (c) Interviews, reports, statements, memoranda, and other
3-22 information, other than that excepted by Subsection (b)
3-23 <immunization information>, furnished under this chapter and any
3-24 findings or conclusions resulting from the study of that
3-25 information, are privileged.
3-26 SECTION 3. This Act takes effect September 1, 1993.
3-27 SECTION 4. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended,
4-5 and that this Act take effect and be in force from and after its
4-6 passage, and it is so enacted.