By Maxey H.B. No. 2472
75R8400 MCK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reporting of certain injuries to the Texas
1-3 Department of Health.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 88.001, Health and Safety Code, is
1-6 amended by adding Subdivision (3) to read as follows:
1-7 (3) "Traumatic brain injury" means an acquired injury
1-8 to the brain, including brain injuries caused by anoxia due to near
1-9 drowning. The term does not include brain dysfunction caused by
1-10 congenital or degenerative disorders or birth trauma.
1-11 SECTION 2. Section 88.002(a), Health and Safety Code, is
1-12 amended to read as follows:
1-13 (a) Spinal cord injuries, traumatic brain injuries, and
1-14 submersion injuries are reportable to the department. The board by
1-15 rule shall define those terms for reporting purposes.
1-16 SECTION 3. Section 88.003(c), Health and Safety Code, is
1-17 amended to read as follows:
1-18 (c) The board shall prescribe the form and method of
1-19 reporting. The board may require the reports to contain any
1-20 information, including the person's name, address, age, sex, race,
1-21 occupation, employer, and attending physician, necessary:
1-22 (1) to achieve the purposes of this chapter; and
1-23 (2) to perform a longitudinal analysis to determine
1-24 the outcome of a person with a reportable injury[, including the
2-1 person's name, address, age, sex, race, occupation, employer, and
2-2 attending physician].
2-3 SECTION 4. Sections 88.008(a) and (g), Health and Safety
2-4 Code, are amended to read as follows:
2-5 (a) The board shall appoint a technical advisory committee
2-6 to advise the board of injuries other than spinal cord injuries,
2-7 traumatic brain injuries, and submersion injuries that should be
2-8 required by rule to be reported under this chapter.
2-9 (g) The technical advisory committee is entitled to review
2-10 and comment on the board's rules under Section 88.002(b)
2-11 [87.002(b)] before the rules are proposed.
2-12 SECTION 5. Section 88.009, Health and Safety Code, is
2-13 amended to read as follows:
2-14 Sec. 88.009. COORDINATION WITH TEXAS WORKERS' COMPENSATION
2-15 COMMISSION. The department and the Texas Workers' Compensation
2-16 Commission shall enter into a memorandum of understanding which
2-17 shall include the following:
2-18 (1) the department and commission shall exchange
2-19 relevant injury data on an ongoing basis notwithstanding Section
2-20 88.006 [87.006 of this chapter];
2-21 (2) confidentiality of injury data provided to the
2-22 department by the commission is governed by Subtitle A, Title 5,
2-23 Labor Code [the Texas Workers' Compensation Act (Article 8308-1.01
2-24 et seq., Vernon's Texas Civil Statutes)];
2-25 (3) confidentiality of injury data provided to the
2-26 commission by the department is governed by Section 88.006 [87.006
2-27 of this chapter]; and
3-1 (4) cooperation in conducting investigations of
3-2 work-related injuries.
3-3 SECTION 6. Chapter 88, Health and Safety Code, is amended by
3-4 adding Sections 88.010 and 88.011 to read as follows:
3-5 Sec. 88.010. COORDINATION WITH TEXAS REHABILITATION
3-6 COMMISSION. The department and the Texas Rehabilitation Commission
3-7 shall enter into a memorandum of understanding to:
3-8 (1) exchange relevant injury data on an ongoing basis
3-9 notwithstanding Section 88.006;
3-10 (2) maintain the confidentiality of injury data
3-11 provided to the department by the commission in accordance with
3-12 Section 88.006 and Section 111.057, Human Resources Code; and
3-13 (3) cooperate in conducting investigations of spinal
3-14 cord and traumatic brain injuries.
3-15 Sec. 88.011. COORDINATION WITH TEXAS TRAUMATIC BRAIN INJURY
3-16 ADVISORY COUNCIL. The department and the Texas Brain Injury
3-17 Advisory Council shall enter into a memorandum of understanding to:
3-18 (1) exchange relevant injury data on an ongoing basis
3-19 notwithstanding Section 88.006;
3-20 (2) maintain the confidentiality of injury data
3-21 provided to the council by the department in accordance with
3-22 Section 88.006;
3-23 (3) permit the council to review and comment on the
3-24 board's rules under Section 88.002(b) before the rules are
3-25 proposed; and
3-26 (4) cooperate in conducting investigations of
3-27 traumatic brain injuries.
4-1 SECTION 7. This Act takes effect September 1, 1997.
4-2 SECTION 8. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.