By: Zaffirini S.B. No. 388 73R1252 MLR-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the reporting of certain injuries to the Department of 1-3 Public Health. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is 1-6 amended by adding Chapter 87 to read as follows: 1-7 CHAPTER 87. INJURY PREVENTION AND CONTROL 1-8 Sec. 87.001. DEFINITIONS. In this chapter: 1-9 (1) "Injury" means damage to the body that results 1-10 from intentional or unintentional acute exposure to thermal, 1-11 mechanical, electrical, or chemical energy or from the absence of 1-12 essentials such as heat or oxygen. 1-13 (2) "Reportable injury" means an injury or condition 1-14 required to be reported under this chapter. 1-15 Sec. 87.002. REPORTABLE INJURY; RULES. (a) Spinal cord 1-16 injuries and submersion injuries are reportable to the department. 1-17 The board by rule shall define those terms for reporting purposes. 1-18 (b) The board may adopt rules that require other injuries to 1-19 be reported under this chapter. 1-20 (c) The board shall maintain and revise, as necessary, the 1-21 list of reportable injuries. 1-22 (d) The board shall adopt rules necessary to administer this 1-23 chapter. 1-24 Sec. 87.003. REPORTING REQUIREMENTS. (a) The following 2-1 persons shall report cases or suspected cases of reportable 2-2 injuries to the department: 2-3 (1) a physician who diagnoses or treats a reportable 2-4 injury; and 2-5 (2) a medical examiner or justice of the peace. 2-6 (b) The department may contact a physician attending a 2-7 person with a case or suspected case of a reportable injury. 2-8 (c) The board shall prescribe the form and method of 2-9 reporting. The board may require the reports to contain any 2-10 information necessary to achieve the purposes of this chapter, 2-11 including the person's name, address, age, sex, race, occupation, 2-12 employer, and attending physician. 2-13 Sec. 87.004. POWERS AND DUTIES OF DEPARTMENT. (a) The 2-14 department may enter into contracts or agreements as necessary to 2-15 carry out this chapter. The contracts or agreements may provide 2-16 for payment by the state for materials, equipment, and services. 2-17 (b) The department may seek, receive, and spend any funds 2-18 received through appropriations, grants, donations, or 2-19 contributions from public or private sources for the purpose of 2-20 identifying, reporting, or preventing those injuries that have been 2-21 determined by the board to be harmful or to be a threat to the 2-22 public health. 2-23 (c) Subject to the confidentiality provisions of this 2-24 chapter, the department shall evaluate the reports of injuries to 2-25 establish the nature and magnitude of the hazards associated with 2-26 those injuries, to reduce the occurrence of those risks, and to 2-27 establish any trends involved. 3-1 (d) The department may make inspections and investigations 3-2 as authorized by this chapter and other law. 3-3 Sec. 87.005. ACCESS TO INFORMATION. Subject to the 3-4 confidentiality provisions of this chapter, the department may 3-5 collect, or cause to be collected, medical, demographic, or 3-6 epidemiologic information from any medical or laboratory record or 3-7 file to help the department in the epidemiologic investigation of 3-8 injuries and their causes. 3-9 Sec. 87.006. CONFIDENTIALITY. (a) All information and 3-10 records relating to injuries are confidential, including 3-11 information from injury investigations. That information may not 3-12 be released or made public on subpoena or otherwise, except that 3-13 release may be made: 3-14 (1) for statistical purposes, but only if a person is 3-15 not identified; 3-16 (2) with the consent of each person identified in the 3-17 information released; or 3-18 (3) to medical personnel in a medical emergency to the 3-19 extent necessary to protect the health or life of the named person. 3-20 (b) The board shall adopt rules establishing procedures to 3-21 ensure that all information and records maintained by the 3-22 department under this chapter are kept confidential and protected 3-23 from release to unauthorized persons. 3-24 (c) The director, the director's designee, or an employee of 3-25 the department may not be examined in a judicial or other 3-26 proceeding about the existence or contents of pertinent records of, 3-27 investigation reports of, or reports or information about a person 4-1 examined or treated for an injury without that person's consent. 4-2 Sec. 87.007. INVESTIGATIONS. (a) The department shall 4-3 investigate the causes of injuries and methods of prevention. 4-4 (b) The director or the director's designee may enter at 4-5 reasonable times and inspect within reasonable limits a public 4-6 place or building, including a public conveyance, in the director's 4-7 duty to prevent an injury. 4-8 (c) The director or the director's designee may not enter a 4-9 private residence to conduct an investigation about the causes of 4-10 injuries without first receiving permission from a lawful adult 4-11 occupant of the residence. 4-12 Sec. 87.008. TECHNICAL ADVISORY COMMITTEE ON INJURY 4-13 REPORTING. (a) The board shall appoint a technical advisory 4-14 committee to advise the board of injuries other than spinal cord 4-15 injuries and submersion injuries that should be required by rule to 4-16 be reported under this chapter. 4-17 (b) The technical advisory committee is composed of: 4-18 (1) three doctors of medicine or doctors of 4-19 osteopathic medicine licensed to practice in this state; and 4-20 (2) three hospital representatives, one of whom must 4-21 be a public hospital representative. 4-22 (c) A technical advisory committee member serves at the 4-23 pleasure of the board. 4-24 (d) A vacancy on the technical advisory committee is filled 4-25 by the board in the same manner as other appointments to the 4-26 advisory committee. 4-27 (e) A member of the technical advisory committee is entitled 5-1 to reimbursement for expenses incurred in performing duties under 5-2 this chapter. The reimbursement may not exceed the amount 5-3 specified in the General Appropriations Act for travel and per diem 5-4 allowances for a state employee. 5-5 (f) The technical advisory committee may elect a chairman, 5-6 vice-chairman, and secretary from among its members and may adopt 5-7 rules to conduct its activities. 5-8 (g) The technical advisory committee is entitled to review 5-9 and comment on the board's rules under Section 87.002(b) before the 5-10 rules are proposed. 5-11 SECTION 2. This Act takes effect September 1, 1993. 5-12 SECTION 3. The importance of this legislation and the 5-13 crowded condition of the calendars in both houses create an 5-14 emergency and an imperative public necessity that the 5-15 constitutional rule requiring bills to be read on three several 5-16 days in each house be suspended, and this rule is hereby suspended.