By Maxey H.B. No. 2472
75R8368 T
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, Chapter 87 Health and Safety
1-6 Code, is amended 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) "traumatic brain injury" means an acquired injury
1-14 to the brain. Such term does not include brain dysfunction caused
1-15 by congenital or degenerative disorders, nor birth trauma, but may
1-16 include brain injuries caused by anoxia due to near drowning.
1-17 (3) "Reportable injury" means an injury or condition
1-18 required to be reported under this chapter.
1-19 Sec. 87.002. REPORTABLE INJURY; RULES. (a) Spinal cord
1-20 injuries, traumatic brain injuries, and submersion injuries are
1-21 reportable to the department. The board by rule shall define those
1-22 terms for reporting purposes.
1-23 (b) The board may adopt rules that require other injuries to
1-24 be reported under this chapter.
2-1 (c) The board shall maintain and revise, as necessary, the
2-2 list of reportable injuries.
2-3 (d) The board shall adopt rules necessary to administer this
2-4 chapter.
2-5 Sec. 87.003. REPORTING REQUIREMENTS. (a) The following
2-6 persons shall report cases or suspected cases of reportable
2-7 injuries to the department:
2-8 (1) a physician who diagnoses or treats a reportable
2-9 injury; and
2-10 (2) a medical examiner or justice of the peace.
2-11 (b) The department may contact a physician attending a
2-12 person with a case or suspected case of a reportable injury.
2-13 (c) The board shall prescribe the form and method of
2-14 reporting. The board may require the reports to contain any
2-15 information necessary to achieve the purposes of this chapter,
2-16 including the person's name, address, age, sex, race, occupation,
2-17 employer, and attending physician. The board shall insure that
2-18 information collected on traumatic brain injury shall allow for
2-19 valid longitudinal analysis to determine outcomes.
2-20 Sec. 87.004. POWERS AND DUTIES OF DEPARTMENT. (a) The
2-21 department may enter into contracts or agreements as necessary to
2-22 carry out this chapter. The contracts or agreements may provide
2-23 for payment by the state for materials, equipment, and services.
2-24 (b) The department may seek, receive, and spend any funds
2-25 received through appropriations, grants, donations, or
2-26 contributions from public or private sources for the purpose of
2-27 identifying, reporting, or preventing those injuries that have been
3-1 determined by the board to be harmful or to be a threat to the
3-2 public health.
3-3 (c) Subject to the confidentiality provisions of this
3-4 chapter, the department shall evaluate the reports of injuries to
3-5 establish the nature and magnitude of the hazards associated with
3-6 those injuries, to reduce the occurrence of those risks, and to
3-7 establish any trends involved.
3-8 (d) The department may make inspections and investigations
3-9 as authorized by this chapter and other law.
3-10 Sec. 87.005. ACCESS TO INFORMATION. Subject to the
3-11 confidentiality provisions of this chapter, the department may
3-12 collect, or cause to be collected, medical, demographic, or
3-13 epidemiologic information from any medical or laboratory record or
3-14 file to help the department in the epidemiologic investigation of
3-15 injuries and their causes.
3-16 Sec. 87.006. CONFIDENTIALITY. (a) All information and
3-17 records relating to injuries are confidential, including
3-18 information from injury investigations. That information may not
3-19 be released or made public on subpoena or otherwise, except that
3-20 release may be made:
3-21 (1) for statistical purposes, but only if a person is
3-22 not identified;
3-23 (2) with the consent of each person identified in the
3-24 information released; or
3-25 (3) to medical personnel in a medical emergency to the
3-26 extent necessary to protect the health or life of the named person.
3-27 (b) The board shall adopt rules establishing procedures to
4-1 ensure that all information and records maintained by the
4-2 department under this chapter are kept confidential and protected
4-3 from release to unauthorized persons.
4-4 (c) The director, the director's designee, or an employee of
4-5 the department may not be examined in a judicial or other
4-6 proceeding about the existence or contents of pertinent records of,
4-7 investigation reports of, or reports or information about a person
4-8 examined or treated for an injury without that person's consent.
4-9 Sec. 87.007. INVESTIGATIONS. (a) The department shall
4-10 investigate the causes of injuries and methods of prevention.
4-11 (b) The director or the director's designee may enter at
4-12 reasonable times and inspect within reasonable limits a public
4-13 place or building, including a public conveyance, in the director's
4-14 duty to prevent an injury.
4-15 (c) The director or the director's designee may not enter a
4-16 private residence to conduct an investigation about the causes of
4-17 injuries without first receiving permission from a lawful adult
4-18 occupant of the residence.
4-19 Sec. 87.008. TECHNICAL ADVISORY COMMITTEE ON INJURY
4-20 REPORTING. (a) The board shall appoint a technical advisory
4-21 committee to advise the board of injuries other than spinal cord
4-22 injuries, traumatic brain injuries, and submersion injuries that
4-23 should be required by rule to be reported under this chapter.
4-24 (b) The technical advisory committee is composed of:
4-25 (1) three doctors of medicine or doctors of
4-26 osteopathic medicine licensed to practice in this state; and
4-27 (2) three hospital representatives, one of whom must
5-1 be a public hospital representative.
5-2 (c) A technical advisory committee member serves at the
5-3 pleasure of the board.
5-4 (d) A vacancy on the technical advisory committee is filled
5-5 by the board in the same manner as other appointments to the
5-6 advisory committee.
5-7 (e) A member of the technical advisory committee is not
5-8 entitled to reimbursement for expenses incurred in performing
5-9 duties under this chapter.
5-10 (f) The technical advisory committee may elect a chairman,
5-11 vice-chairman, and secretary from among its members and may adopt
5-12 rules to conduct its activities.
5-13 (g) The technical advisory committee is entitled to review
5-14 and comment on the board's rules under Section 87.002(b) before the
5-15 rules are proposed.
5-16 Sec. 87.009. COORDINATION WITH TEXAS WORKERS' COMPENSATION
5-17 COMMISSION. The department and the Texas Workers' Compensation
5-18 Commission shall enter into a memorandum of understanding which
5-19 shall include the following:
5-20 (1) the department and commission shall exchange
5-21 relevant injury data on an ongoing basis notwithstanding Section
5-22 87.006 of this chapter;
5-23 (2) confidentiality of injury data provided to the
5-24 department by the commission is governed by the Texas Workers'
5-25 Compensation Act (Article 8308-1.01 et seq., Vernon's Texas Civil
5-26 Statutes);
5-27 (3) confidentiality of injury data provided to the
6-1 commission by the department is governed by Section 87.006 of this
6-2 chapter; and
6-3 (4) cooperation in conducting investigations of
6-4 work-related injuries.
6-5 Sec. 87.010. COORDINATION WITH TEXAS REHABILITATION
6-6 COMMISSION. The department and the Texas Rehabilitation Commission
6-7 shall enter into a memorandum of understanding which shall include
6-8 the following:
6-9 (1) the department and commission shall exchange
6-10 relevant injury data on an ongoing basis notwithstanding Section
6-11 87.006 of this chapter;
6-12 (2) confidentiality of injury data provided to the
6-13 department by the commission is governed by the ___________,
6-14 Vernon's Texas Civil Statutes);
6-15 (3) confidentiality of injury data provided to the
6-16 commission by the department is governed by Section 87.006 of this
6-17 chapter; and
6-18 (4) cooperation in conducting investigations of spinal
6-19 cord and traumatic brain injuries.
6-20 Sec. 87.010. COORDINATION WITH TEXAS TRAUMATIC BRAIN INJURY
6-21 ADVISORY COUNCIL. The department and the Texas Brain Injury
6-22 Advisory Council shall enter into a memorandum of understanding
6-23 which shall include the following:
6-24 (1) the department and council shall exchange relevant
6-25 injury data on an ongoing basis notwithstanding Section 87.006 of
6-26 this chapter;
6-27 (2) confidentiality of injury data provided to the
7-1 council by the department is governed by Section 87.006 of this
7-2 chapter;
7-3 (3) the council is entitled to review and comment on
7-4 the Board's rules under Section 87.002(b) before the rules are
7-5 proposed; and
7-6 (4) cooperation in conducting investigations of
7-7 traumatic brain injuries.
7-8 SECTION 2. This Act takes effect September 1, 1997.
7-9 SECTION 3. The importance of this legislation and the
7-10 crowded condition of the calendars in both houses create an
7-11 emergency and an imperative public necessity that the
7-12 constitutional rule requiring bills to be read on three several
7-13 days in each house be suspended, and this rule is hereby suspended.