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, including malignant and benign tumors of the central
1-14     nervous system; and
1-15                       (D)  malignant neoplasm, other than nonmelanoma
1-16     skin cancers such as basal and squamous cell carcinomas.
1-17                 (2)  ["Cancer treatment center" means a special health
1-18     facility devoted to the study, prevention, diagnosis, and
1-19     management of neoplastic and allied diseases.]
1-20                 [(3)]  "Clinical laboratory" means an accredited
1-21     facility in which:
1-22                       (A)  tests are performed identifying findings of
1-23     anatomical changes; and
1-24                       (B)  specimens are interpreted and pathological
1-25     diagnoses are made.
 2-1                 (3) [(4)]  "Health care facility [Hospital]" means:
 2-2                       (A)  a general or special hospital as defined by
 2-3     [licensed under] Chapter 241 (Texas Hospital Licensing Law); [or]
 2-4                       (B)  an ambulatory surgical center licensed under
 2-5     Chapter 243;
 2-6                       (C)  an institution licensed under Chapter 242;
 2-7     or
 2-8                       (D)  any other facility, including an outpatient
 2-9     clinic, that provides diagnosis or treatment services to patients
2-10     with cancer.
2-11                 (4)  "Health care practitioner" means:
2-12                       (A)  a physician as defined by Section 151.002,
2-13     Occupations Code; or
2-14                       (B)  a person who practices dentistry as
2-15     described by Section 251.003, Occupations Code [The University of
2-16     Texas System Cancer Center].
2-17                 [(5)  "Precancerous disease" means abnormality of
2-18     development and organization of adult cells, which is a condition
2-19     of early cancer without the invasion of neighboring tissue.]
2-20                 [(6)  "Tumorous disease" means a new growth of tissue
2-21     in which the multiplication of cells is uncontrolled and
2-22     progressive, also called neoplasm.  It is a swelling, enlargement,
2-23     or abnormal mass, either benign or malignant, that performs no
2-24     useful functions.]
2-25           SECTION 2.  Section 82.003, Health and Safety Code, is
2-26     amended to read as follows:
 3-1           Sec. 82.003.  APPLICABILITY OF CHAPTER.  This chapter applies
 3-2     to records of cases of [precancerous and tumorous diseases
 3-3     specified by the board and all cases of] cancer, diagnosed on or
 3-4     after January 1, 1979, and to records of all ongoing cancer cases
 3-5     [of those diseases] diagnosed before January 1, 1979.
 3-6           SECTION 3.  Section 82.005, Health and Safety Code, is
 3-7     amended to read as follows:
 3-8           Sec. 82.005.  CONTENT OF REGISTRY.  (a)  The cancer registry
 3-9     must be a central data bank of accurate, precise, and current
3-10     information that medical authorities agree serves as an invaluable
3-11     tool in the early recognition, prevention, cure, and control of
3-12     cancer [and specified precancerous and tumorous diseases].
3-13           (b)  The cancer registry must include:
3-14                 (1)  a record of the cases of [precancerous and
3-15     tumorous diseases specified by the board and of] cancer that occur
3-16     in the state; and
3-17                 (2)  information concerning cancer [those] cases as the
3-18     board considers necessary and appropriate for the recognition,
3-19     prevention, cure, or control of cancer [those diseases].
3-20           SECTION 4.  Section 82.006, Health and Safety Code, is
3-21     amended to read as follows:
3-22           Sec. 82.006.  BOARD POWERS.  To implement this chapter, the
3-23     board may:
3-24                 (1)  adopt rules that the board considers necessary;
3-25                 (2)  execute contracts that the board considers
3-26     necessary;
 4-1                 (3)  receive the data from medical records of cases of
 4-2     cancer [or precancerous or tumorous disease] that are in the
 4-3     custody or under the control of clinical laboratories, health care
 4-4     facilities [hospitals], and health care practitioners [cancer
 4-5     treatment centers] to record and analyze the data directly related
 4-6     to those diseases;
 4-7                 (4)  compile and publish statistical and other studies
 4-8     derived from the patient data obtained under this chapter to
 4-9     provide, in an accessible form, information that is useful to
4-10     physicians, other medical personnel, and the general public;
4-11                 (5)  comply with requirements as necessary to obtain
4-12     federal funds in the maximum amounts and most advantageous
4-13     proportions possible;
4-14                 (6)  receive and use gifts made for the purpose of this
4-15     chapter; and
4-16                 (7)  limit cancer reporting activities under this
4-17     chapter to specified geographic areas of the state to ensure
4-18     optimal use of funds available for obtaining the data.
4-19           SECTION 5.  Section 82.008, Health and Safety Code, is
4-20     amended by amending Subsections (a), (b), (d), and (e) and adding
4-21     Subsections (f), (g), and (h) to read as follows:
4-22           (a)  To ensure an accurate and continuing source of data
4-23     concerning [precancerous and tumorous diseases specified by the
4-24     board and concerning] cancer, each health care facility [hospital],
4-25     clinical laboratory, and health care practitioner [cancer treatment
4-26     center] shall furnish to the board or its representative, on
 5-1     request, data the board considers necessary and appropriate that is
 5-2     derived from each medical record pertaining to [of] a case of
 5-3     cancer [one of those diseases] that is in the custody or under the
 5-4     control of the health care facility, clinical [hospital,]
 5-5     laboratory, or health care practitioner.  The department may not
 5-6     request data that is more than three years old unless the
 5-7     department is investigating a possible cancer cluster [treatment
 5-8     center].
 5-9           (b)  A health care facility [hospital], clinical laboratory,
5-10     or health care practitioner [cancer treatment center] shall furnish
5-11     the data requested under Subsection (a)  in a reasonable format
5-12     prescribed by the department and within six months of the patient's
5-13     admission, diagnosis, or treatment for cancer unless a different
5-14     period is prescribed by the United States Department of Health and
5-15     Human Services.
5-16           (d)  The department may access medical records that would
5-17     identify cases of cancer, establish characteristics or treatment of
5-18     cancer, or determine the medical status of any identified patient
5-19     from the following sources:
5-20                 (1)  a health care facility or clinical laboratory
5-21     providing screening, diagnostic, or therapeutic services to a
5-22     patient with respect to cancer; or
5-23                 (2)  a health care practitioner diagnosing or providing
5-24     treatment to a patient with cancer, except as described by
5-25     Subsection (g) [board by rule may determine a reasonable amount for
5-26     compensation to the hospital, clinical laboratory, or cancer
 6-1     treatment center for the cost of collecting or furnishing the data
 6-2     and shall pay that amount, within the limits of funds appropriated
 6-3     expressly for that purpose].
 6-4           (e)  The board shall adopt procedures that ensure adequate
 6-5     notice is given to the health care facility, clinical laboratory,
 6-6     or health care practitioner before the department accesses data
 6-7     under Subsection (d).
 6-8           (f)  A health care facility, clinical laboratory, or health
 6-9     care practitioner that knowingly or in bad faith fails to furnish
6-10     data as required by this chapter shall reimburse the department or
6-11     its authorized representative for the costs of accessing and
6-12     reporting the data.  The costs reimbursed under this subsection
6-13     must be reasonable, based on the actual costs incurred by the
6-14     department or by its authorized representative in the collection of
6-15     data under Subsection (d), and may include salary and travel
6-16     expenses.  The department may assess a late fee on an account that
6-17     is 60 days or more overdue.  The late fee may not exceed one and
6-18     one-half percent of the total amount due on the late account for
6-19     each month or portion of a month the account is not paid in full.
6-20     A health care facility, clinical laboratory, or health care
6-21     practitioner may request that the department conduct a hearing to
6-22     determine whether reimbursement to the department under this
6-23     subsection is appropriate.
6-24           (g)  The department may not require a health care
6-25     practitioner to furnish data or provide access to records if:
6-26                 (1)  the data or records pertain to cases reported by a
 7-1     health care facility providing screening, diagnostic, or
 7-2     therapeutic services to cancer patients that involve patients
 7-3     referred directly to or previously admitted to the facility; and
 7-4                 (2)  the facility reported the same data the
 7-5     practitioner would be required to report.
 7-6           (h)  The data required to be furnished under this section may
 7-7     [also] be shared with [furnished only to:]
 7-8                 [(1)]  cancer registries of health care facilities
 7-9     subject to the confidentiality provisions in Section 82.009
7-10     [hospitals; and]
7-11                 [(2)  cancer registries of cancer treatment centers].
7-12           SECTION 6.  Section 82.009, Health and Safety Code, is
7-13     amended to read as follows:
7-14           Sec. 82.009.  CONFIDENTIALITY.  (a)  Reports, records, and
7-15     information [Data] obtained under this chapter are confidential and
7-16     are not subject to disclosure under Chapter 552, Government Code,
7-17     are not subject to subpoena, and may not otherwise be released or
7-18     made public except as provided by this section or Section
7-19     82.008(h).  The reports, records, and information obtained under
7-20     this chapter are [directly from the medical records of a patient
7-21     is] for the confidential use of the department and the persons or
7-22     public or private entities that the department [board] determines
7-23     are necessary to carry out the intent of this chapter.  [The data
7-24     is privileged and may not be divulged or made public in a manner
7-25     that discloses the identity of an individual whose medical records
7-26     have been used for obtaining data under this chapter.]
 8-1           (b)  Medical or epidemiological information may be released:
 8-2                 (1)  for statistical purposes in a manner that prevents
 8-3     identification of individuals, health care facilities, clinical
 8-4     laboratories, or health care practitioners;
 8-5                 (2)  with the consent of each person identified in the
 8-6     information; or
 8-7                 (3)  to promote cancer research, including release of
 8-8     information to other cancer registries and appropriate state and
 8-9     federal agencies, under rules adopted by the board to ensure
8-10     confidentiality as required by state and federal laws.
8-11     [Information that may identify an individual whose medical records
8-12     have been used for obtaining data under this chapter is not
8-13     available for public inspection under Chapter 552, Government
8-14     Code.]
8-15           (c)  A state employee may not testify in a civil, criminal,
8-16     special, or other proceeding as to the existence or contents of
8-17     records, reports, or information concerning an individual whose
8-18     medical records have been used in submitting data required under
8-19     this chapter unless the individual consents in advance.
8-20     [Statistical information collected under this chapter is public
8-21     information.]
8-22           (d)  Data furnished to a [hospital] cancer registry or a
8-23     cancer researcher [treatment center cancer registry] under
8-24     Subsection (b) or Section 82.008(h) [Section 82.008(e)] is for the
8-25     confidential use of the [hospital] cancer registry or the cancer
8-26     researcher [treatment center cancer registry], as applicable, and
 9-1     is subject to Subsection (a).
 9-2           SECTION 7.  Section 82.010, Health and Safety Code, is
 9-3     amended to read as follows:
 9-4           Sec. 82.010.  IMMUNITY FROM LIABILITY.  The following persons
 9-5     subject to this chapter that act in compliance with this chapter
 9-6     are not civilly or criminally liable for furnishing the information
 9-7     required under this chapter:
 9-8                 (1)  a health care facility or [hospital,] clinical
 9-9     laboratory[, or cancer treatment center];
9-10                 (2)  an administrator, officer, or employee of a health
9-11     care facility or [hospital,] clinical laboratory[, or cancer
9-12     treatment center]; [and]
9-13                 (3)  a health care practitioner or employee of a health
9-14     care practitioner; and
9-15                 (4)  an employee of the department [physician].
9-16           SECTION 8.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 285 passed the Senate on
         March 22, 2001, by the following vote:  Yeas 30, Nays 0, one
         present, not voting; and that the Senate concurred in House
         amendment on May 17, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 285 passed the House, with
         amendment, on May 11, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor