By: Nelson, Moncrief S.B. No. 285
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to cancer incidence reporting.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 82.002, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 82.002. DEFINITIONS. In this chapter:
1-7 (1) "Cancer" includes:
1-8 (A) a large group of diseases characterized by
1-9 uncontrolled growth and spread of abnormal cells;
1-10 (B) any condition of tumors having the
1-11 properties of anaplasia, invasion, and metastasis;
1-12 (C) a cellular tumor the natural course of which
1-13 is fatal; and
1-14 (D) malignant neoplasm.
1-15 (2) ["Cancer treatment center" means a special health
1-16 facility devoted to the study, prevention, diagnosis, and
1-17 management of neoplastic and allied diseases.]
1-18 [(3)] "Clinical laboratory" means an accredited
1-19 facility in which:
1-20 (A) tests are performed identifying findings of
1-21 anatomical changes; and
1-22 (B) specimens are interpreted and pathological
1-23 diagnoses are made.
1-24 (3) [(4)] "Health care facility [Hospital]" means:
1-25 (A) a general or special hospital as defined by
2-1 [licensed under] Chapter 241 (Texas Hospital Licensing Law); [or]
2-2 (B) an ambulatory surgical center licensed under
2-3 Chapter 243;
2-4 (C) an institution licensed under Chapter 242;
2-5 or
2-6 (D) any other facility, including an outpatient
2-7 clinic, that provides diagnosis or treatment services to patients
2-8 with cancer.
2-9 (4) "Health care practitioner" means:
2-10 (A) a physician as defined by Section 151.002,
2-11 Occupations Code; or
2-12 (B) a person who practices dentistry as
2-13 described by Section 251.003, Occupations Code [The University of
2-14 Texas System Cancer Center].
2-15 (5) "Precancerous disease" means abnormality of
2-16 development and organization of adult cells, which is a condition
2-17 of early cancer without the invasion of neighboring tissue.
2-18 (6) "Tumorous disease" means a new growth of tissue in
2-19 which the multiplication of cells is uncontrolled and progressive,
2-20 also called neoplasm. It is a swelling, enlargement, or abnormal
2-21 mass, either benign or malignant, that performs no useful
2-22 functions.
2-23 SECTION 2. Section 82.006, Health and Safety Code, is
2-24 amended to read as follows:
2-25 Sec. 82.006. BOARD POWERS. To implement this chapter, the
2-26 board may:
3-1 (1) adopt rules that the board considers necessary;
3-2 (2) execute contracts that the board considers
3-3 necessary;
3-4 (3) receive the data from medical records of cases of
3-5 cancer or precancerous or tumorous disease that are in the custody
3-6 or under the control of clinical laboratories, health care
3-7 facilities [hospitals], and health care practitioners [cancer
3-8 treatment centers] to record and analyze the data directly related
3-9 to those diseases;
3-10 (4) compile and publish statistical and other studies
3-11 derived from the patient data obtained under this chapter to
3-12 provide, in an accessible form, information that is useful to
3-13 physicians, other medical personnel, and the general public;
3-14 (5) comply with requirements as necessary to obtain
3-15 federal funds in the maximum amounts and most advantageous
3-16 proportions possible;
3-17 (6) receive and use gifts made for the purpose of this
3-18 chapter; and
3-19 (7) limit cancer reporting activities under this
3-20 chapter to specified geographic areas of the state to ensure
3-21 optimal use of funds available for obtaining the data.
3-22 SECTION 3. Section 82.008, Health and Safety Code, is
3-23 amended by amending Subsections (a), (b), (d), and (e) and adding
3-24 Subsection (f) to read as follows:
3-25 (a) To ensure an accurate and continuing source of data
3-26 concerning precancerous and tumorous diseases specified by the
4-1 board and concerning cancer, each health care facility [hospital],
4-2 clinical laboratory, and health care practitioner [cancer treatment
4-3 center] shall furnish to the board or its representative, on
4-4 request, data the board considers necessary and appropriate that is
4-5 derived from each medical record of a case of one of those diseases
4-6 that is in the custody or under the control of the health care
4-7 facility [hospital], clinical laboratory, or health care
4-8 practitioner [treatment center].
4-9 (b) A health care facility [hospital], clinical laboratory,
4-10 or health care practitioner [cancer treatment center] shall furnish
4-11 the data requested under Subsection (a) in a format and within the
4-12 period prescribed by the department.
4-13 (d) The department is authorized to access the medical
4-14 records of a health care facility, clinical laboratory, or health
4-15 care practitioner [board by rule may determine a reasonable amount
4-16 for compensation to the hospital, clinical laboratory, or cancer
4-17 treatment center for the cost of collecting or furnishing the data
4-18 and shall pay that amount, within the limits of funds appropriated
4-19 expressly for that purpose].
4-20 (e) The board shall adopt procedures that ensure adequate
4-21 notice is given to the health care facility, clinical laboratory,
4-22 or health care practitioner before the department accesses data
4-23 under Subsection (d). A health care facility, clinical laboratory,
4-24 or health care practitioner that fails to furnish data as required
4-25 by this chapter shall reimburse the department or its authorized
4-26 representative for the costs of accessing and reporting the data.
5-1 The department may assess a late fee on an account that is 60 days
5-2 or more overdue. The late fee may not exceed one and one-half
5-3 percent of the total amount due on the late account for each month
5-4 or portion of a month the account is not paid in full.
5-5 (f) The data required to be furnished under this section may
5-6 [also] be shared with [furnished only to:]
5-7 [(1)] cancer registries of health care facilities
5-8 subject to the confidentiality provisions in Section 82.009
5-9 [hospitals; and]
5-10 [(2) cancer registries of cancer treatment centers].
5-11 SECTION 4. Section 82.009, Health and Safety Code, is
5-12 amended to read as follows:
5-13 Sec. 82.009. CONFIDENTIALITY. (a) Reports, records, and
5-14 information [Data] obtained under this chapter are confidential and
5-15 are not subject to disclosure under Chapter 552, Government Code,
5-16 are not subject to subpoena, and may not otherwise be released or
5-17 made public except as provided by this section or Section
5-18 82.008(f). The reports, records, and information obtained under
5-19 this chapter are [directly from the medical records of a patient
5-20 is] for the confidential use of the department and the persons or
5-21 public or private entities that the department [board] determines
5-22 are necessary to carry out the intent of this chapter. [The data
5-23 is privileged and may not be divulged or made public in a manner
5-24 that discloses the identity of an individual whose medical records
5-25 have been used for obtaining data under this chapter.]
5-26 (b) Medical or epidemiological information may be released:
6-1 (1) for statistical purposes in a manner that prevents
6-2 identification of any person;
6-3 (2) with the consent of each person identified in the
6-4 information; or
6-5 (3) to promote cancer research, including release to
6-6 other cancer registries and appropriate state and federal agencies,
6-7 under rules adopted by the board to ensure confidentiality
6-8 [Information that may identify an individual whose medical records
6-9 have been used for obtaining data under this chapter is not
6-10 available for public inspection under Chapter 552, Government
6-11 Code].
6-12 (c) A state employee may not testify in a civil, criminal,
6-13 special, or other proceeding as to the existence or contents of
6-14 records, reports, or information concerning an individual whose
6-15 medical records have been used in submitting data required under
6-16 this chapter unless the individual consents in advance [Statistical
6-17 information collected under this chapter is public information].
6-18 (d) Data furnished to a [hospital] cancer registry or a
6-19 cancer researcher [treatment center cancer registry] under
6-20 Subsection (b) or Section 82.008(f) [Section 82.008(e)] is for the
6-21 confidential use of the [hospital] cancer registry or the cancer
6-22 researcher [treatment center cancer registry], as applicable, and
6-23 is subject to Subsection (a).
6-24 SECTION 5. Section 82.010, Health and Safety Code, is
6-25 amended to read as follows:
6-26 Sec. 82.010. IMMUNITY FROM LIABILITY. The following persons
7-1 subject to this chapter that act in compliance with this chapter
7-2 are not civilly or criminally liable for furnishing the information
7-3 required under this chapter:
7-4 (1) a health care facility or [hospital,] clinical
7-5 laboratory[, or cancer treatment center];
7-6 (2) an administrator, officer, or employee of a health
7-7 care facility or [hospital,] clinical laboratory[, or cancer
7-8 treatment center]; and
7-9 (3) a health care practitioner or employee of a health
7-10 care practitioner [physician].
7-11 SECTION 6. This Act takes effect September 1, 2001.