By Van de Putte                                       H.B. No. 1456
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the identification of children suffering from lead
    1-3  poisoning and to control measures for lead contamination; providing
    1-4  penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is
    1-7  amended by adding Chapter 88 to read as follows:
    1-8           CHAPTER 88.  REPORTS OF CHILDHOOD LEAD POISONING
    1-9        Sec. 88.001.  DEFINITIONS.  In this chapter:
   1-10              (1)  "Child care" includes a school, preschool,
   1-11  kindergarten, nursery school, or other similar activity that
   1-12  provides care or instruction for young children.
   1-13              (2)  "Child care facility" means a public place or a
   1-14  residence in which a person furnishes child care.
   1-15              (3)  "Health authority" means a physician appointed as
   1-16  such under Chapter 121.
   1-17              (4)  "Health professional" means an individual whose:
   1-18                    (A)  vocation or profession is directly or
   1-19  indirectly related to the maintenance of health in another
   1-20  individual; and
   1-21                    (B)  duties require a specified amount of formal
   1-22  education and may require a special examination, certificate or
   1-23  license, or membership in a regional or national association.
    2-1              (5)  "Lead" includes metallic lead and lead-containing
    2-2  materials.
    2-3              (6)  "Lead poisoning" means the presence of blood lead
    2-4  concentrations known to be associated with mental and physical
    2-5  disorders due to absorption, ingestion, or inhalation of lead as
    2-6  specified in the most recent criteria issued by the United States
    2-7  Department of Health and Human Services, United States Public
    2-8  Health Service, Centers for Disease Control of the United States
    2-9  Public Health Service, or other national public health organization
   2-10  specified by board rule.
   2-11              (7)  "Local health department" means a department
   2-12  created under Chapter 121.
   2-13              (8)  "Physician" means a person licensed to practice
   2-14  medicine by the Texas State Board of Medical Examiners.
   2-15              (9)  "Public health district" means a district created
   2-16  under Chapter 121.
   2-17              (10)  "Public place" means all or any portion of an
   2-18  area, building or other structure, or conveyance that is not used
   2-19  for private residential purposes, regardless of ownership.
   2-20              (11)  "Regional director" means a physician appointed
   2-21  by the board as the chief administrative officer of a public health
   2-22  region under Chapter 121.
   2-23        Sec. 88.002.  CONFIDENTIALITY.  (a)  Except as specifically
   2-24  authorized by this chapter, reports, records, and information
   2-25  furnished to a health authority, a regional director, or the
    3-1  department that relate to cases or suspected cases of childhood
    3-2  lead poisoning are confidential and may be used only for the
    3-3  purposes of this chapter.
    3-4        (b)  Reports, records, and information relating to cases or
    3-5  suspected cases of childhood lead poisoning are not public
    3-6  information under the open records law, Chapter 552, Government
    3-7  Code, and may not be released or made public on subpoena or
    3-8  otherwise except as provided by this chapter.
    3-9        (c)  Medical, epidemiologic, or toxicologic information may
   3-10  be released:
   3-11              (1)  for statistical purposes if released in a manner
   3-12  that prevents the identification of any person;
   3-13              (2)  with the consent of each person identified in the
   3-14  information;
   3-15              (3)  to medical personnel, appropriate state agencies,
   3-16  health authorities, regional directors, and public officers of
   3-17  counties and municipalities as necessary to comply with this
   3-18  chapter and related rules;
   3-19              (4)  to appropriate federal agencies, such as the
   3-20  Centers for Disease Control of the United States Public Health
   3-21  Service, except that the information must be limited to the
   3-22  information requested by the agency; or
   3-23              (5)  to medical personnel to the extent necessary in a
   3-24  medical emergency to protect the health or life of the child
   3-25  identified in the information.
    4-1        (d)  The commissioner, a regional director or other
    4-2  department employee, a health authority or employee of a public
    4-3  health district, a health authority or employee of a county or
    4-4  municipal health department, or a public official of a county or
    4-5  municipality may not be examined in a civil, criminal, special, or
    4-6  other proceeding as to the existence or contents of pertinent
    4-7  records of or reports or information about a child identified,
    4-8  examined, or treated for lead poisoning by the department, a public
    4-9  health district, a local health department, or a health authority
   4-10  without the consent of the child's parents, managing conservator,
   4-11  guardian, or other person authorized by law to give consent.
   4-12        Sec. 88.003.  REPORTABLE HEALTH CONDITIONS.  (a)  Early
   4-13  childhood lead poisoning is a reportable health condition.
   4-14        (b)  The board by rule may designate:
   4-15              (1)  blood lead concentrations in children that must be
   4-16  reported; and
   4-17              (2)  the ages of children for whom the reporting
   4-18  requirements apply.
   4-19        (c)  The board may adopt rules that establish a registry of
   4-20  children with lead poisoning.
   4-21        Sec. 88.004.  PERSONS REQUIRED TO REPORT.  (a)  A person
   4-22  required to report early childhood lead poisoning shall report to
   4-23  the department in the manner specified by board rule.  Except as
   4-24  provided by this section, a person required by this section to
   4-25  report must make the report immediately after the person gains
    5-1  knowledge of the case or suspected case of childhood lead
    5-2  poisoning.
    5-3        (b)  A physician shall report a case or suspected case of
    5-4  childhood lead poisoning after the physician's first examination of
    5-5  a child for whom reporting is required by board rule.
    5-6        (c)  A person in charge of an independent clinical
    5-7  laboratory, a hospital or clinic laboratory, or other facility in
    5-8  which a laboratory examination of a specimen derived from the human
    5-9  body yields evidence of childhood lead poisoning shall report the
   5-10  findings to the department as required by board rule.
   5-11        (d)  If a report is not made as required by Subsection (b) or
   5-12  (c), the following persons shall report a case or suspected case of
   5-13  childhood lead poisoning and all information known concerning the
   5-14  child:
   5-15              (1)  the administrator of a hospital licensed under
   5-16  Chapter 241;
   5-17              (2)  a professional registered nurse;
   5-18              (3)  an administrator or director of a public or
   5-19  private child care facility;
   5-20              (4)  an administrator of a home health agency;
   5-21              (5)  an administrator or health official of a public or
   5-22  private institution of higher education;
   5-23              (6)  a superintendent, manager, or health official of a
   5-24  public or private camp, home, or institution;
   5-25              (7)  a parent, managing conservator, guardian, or
    6-1  residence owner; and
    6-2              (8)  a health professional.
    6-3        Sec. 88.005.  REPORTING PROCEDURES.  (a)  The board shall
    6-4  prescribe the form and method of reporting under this chapter,
    6-5  including a report in writing, by telephone, or by electronic data
    6-6  transmission.
    6-7        (b)  Board rules may require the reports to contain any
    6-8  information relating to a case that is necessary for the purposes
    6-9  of this chapter, including:
   6-10              (1)  the child's name, address, age, sex, and race;
   6-11              (2)  the child's blood lead concentration;
   6-12              (3)  the procedure used to determine the child's blood
   6-13  lead concentration; and
   6-14              (4)  the name of the attending physician.
   6-15        (c)  The commissioner may authorize an alternate routing of
   6-16  information in particular cases if the commissioner determines that
   6-17  the customary reporting procedure would cause the information to be
   6-18  unduly delayed.
   6-19        Sec. 88.006.  REPORTS OF HOSPITALIZATION; DEATH.  (a)  A
   6-20  physician who attends a child during the child's hospitalization
   6-21  shall immediately notify the department if the physician knows or
   6-22  suspects that the child has lead poisoning and the physician
   6-23  believes the lead poisoning resulted from the child's exposure to a
   6-24  dangerous level of environmental lead that may be a threat to the
   6-25  public health.
    7-1        (b)  A physician who attends a child during the child's last
    7-2  illness shall immediately notify the department if the physician:
    7-3              (1)  knows or suspects that the child died of lead
    7-4  poisoning; and
    7-5              (2)  believes the lead poisoning resulted from the
    7-6  child's exposure to a dangerous level of environmental lead that
    7-7  may be a threat to the public health.
    7-8        (c)  An attending physician, health authority, or regional
    7-9  director, with the consent of the child's survivors, may request an
   7-10  autopsy if the physician, health authority, or regional director
   7-11  needs further information concerning the cause of death in order to
   7-12  protect the public health.  The health authority or regional
   7-13  director may order the autopsy to determine the cause of death if
   7-14  the child's survivors do not consent to the autopsy.  The autopsy
   7-15  results shall be reported to the department.
   7-16        (d)  A justice of the peace acting as coroner or a medical
   7-17  examiner in the course of an inquest under Chapter 49, Code of
   7-18  Criminal Procedure, who finds that a child's cause of death was
   7-19  lead poisoning that resulted from exposure to a dangerous level of
   7-20  environmental lead that the justice of the peace or medical
   7-21  examiner believes may be a threat to the public health shall
   7-22  immediately notify the health authority or the regional director in
   7-23  the jurisdiction in which the finding is made.
   7-24        SECTION 2.  This Act takes effect January 1, 1996.
   7-25        SECTION 3.  The importance of this legislation and the
    8-1  crowded condition of the calendars in both houses create an
    8-2  emergency   and   an   imperative   public   necessity   that   the
    8-3  constitutional rule requiring bills to be read on three several
    8-4  days in each house be suspended, and this rule is hereby suspended.