By Nelson S.B. No. 285
77R3395 YDB-D
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 amended
1-5 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:
2-1 (A) a general or special hospital as defined by
2-2 [licensed under] Chapter 241 (Texas Hospital Licensing Law); [or]
2-3 (B) an ambulatory surgical center licensed under
2-4 Chapter 243;
2-5 (C) an institution licensed under Chapter 242;
2-6 or
2-7 (D) any other facility, including an outpatient
2-8 clinic, that provides diagnosis or treatment services to patients
2-9 with cancer.
2-10 (4) "Health care practitioner" means:
2-11 (A) a physician as defined by Section 151.002,
2-12 Occupations Code; or
2-13 (B) a person who practices dentistry as
2-14 described by Section 251.003, Occupations Code [The University of
2-15 Texas System Cancer Center].
2-16 (5) "Precancerous disease" means abnormality of
2-17 development and organization of adult cells, which is a condition
2-18 of early cancer without the invasion of neighboring tissue.
2-19 (6) "Tumorous disease" means a new growth of tissue in
2-20 which the multiplication of cells is uncontrolled and progressive,
2-21 also called neoplasm. It is a swelling, enlargement, or abnormal
2-22 mass, either benign or malignant, that performs no useful
2-23 functions.
2-24 SECTION 2. Section 82.006, Health and Safety Code, is amended
2-25 to read as follows:
2-26 Sec. 82.006. BOARD POWERS. To implement this chapter, the
2-27 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 amended
3-23 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
3-27 board and concerning cancer, each health care facility [hospital],
4-1 clinical laboratory, and health care practitioner [cancer treatment
4-2 center] shall furnish to the board or its representative, on
4-3 request, data the board considers necessary and appropriate that is
4-4 derived from each medical record of a case of one of those diseases
4-5 that is in the custody or under the control of the health care
4-6 facility [hospital], clinical laboratory, or health care
4-7 practitioner [treatment center].
4-8 (b) A health care facility [hospital], clinical laboratory,
4-9 or health care practitioner [cancer treatment center] shall furnish
4-10 the data requested under Subsection (a) in a format and within the
4-11 period prescribed by the department.
4-12 (d) The department is authorized to access the medical
4-13 records of a health care facility, clinical laboratory, or health
4-14 care practitioner [The board by rule may determine a reasonable
4-15 amount for compensation to the hospital, clinical laboratory, or
4-16 cancer treatment center for the cost of collecting or furnishing
4-17 the data and shall pay that amount, within the limits of funds
4-18 appropriated expressly for that purpose].
4-19 (e) The board shall adopt procedures that ensure adequate
4-20 notice is given to the health care facility, clinical laboratory,
4-21 or health care practitioner before the department accesses data
4-22 under Subsection (d). A health care facility, clinical laboratory,
4-23 or health care practitioner that fails to furnish data as required
4-24 by this chapter shall reimburse the department or its authorized
4-25 representative for the costs of accessing and reporting the data.
4-26 The department may assess a late fee on an account that is 60 days
4-27 or more overdue. The late fee may not exceed one and one-half
5-1 percent of the total amount due on the late account for each month
5-2 or portion of a month the account is not paid in full.
5-3 (f) The data required to be furnished under this section may
5-4 [also] be shared with [furnished only to:]
5-5 [(1)] cancer registries of health care facilities
5-6 subject to the confidentiality provisions in Section 82.009
5-7 [hospitals; and]
5-8 [(2) cancer registries of cancer treatment centers].
5-9 SECTION 4. Section 82.009, Health and Safety Code, is amended
5-10 to read as follows:
5-11 Sec. 82.009. CONFIDENTIALITY. (a) Reports, records, and
5-12 information [Data] obtained under this chapter are confidential and
5-13 are not subject to disclosure under Chapter 552, Government Code,
5-14 are not subject to subpoena, and may not otherwise be released or
5-15 made public except as provided by this section or Section
5-16 82.008(f). The reports, records, and information obtained under
5-17 this chapter are [directly from the medical records of a patient
5-18 is] for the confidential use of the department and the persons or
5-19 public or private entities that the department [board] determines
5-20 are necessary to carry out the intent of this chapter. [The data
5-21 is privileged and may not be divulged or made public in a manner
5-22 that discloses the identity of an individual whose medical records
5-23 have been used for obtaining data under this chapter.]
5-24 (b) Medical or epidemiological information may be released:
5-25 (1) for statistical purposes in a manner that prevents
5-26 identification of any person;
5-27 (2) with the consent of each person identified in the
6-1 information; or
6-2 (3) to promote cancer research, including release to
6-3 other cancer registries and appropriate state and federal agencies,
6-4 under rules adopted by the board to ensure confidentiality
6-5 [Information that may identify an individual whose medical records
6-6 have been used for obtaining data under this chapter is not
6-7 available for public inspection under Chapter 552, Government
6-8 Code].
6-9 (c) A state employee may not testify in a civil, criminal,
6-10 special, or other proceeding as to the existence or contents of
6-11 records, reports, or information concerning an individual whose
6-12 medical records have been used in submitting data required under
6-13 this chapter unless the individual consents in advance [Statistical
6-14 information collected under this chapter is public information].
6-15 (d) Data furnished to a [hospital] cancer registry or a
6-16 cancer researcher [treatment center cancer registry] under
6-17 Subsection (b) or Section 82.008(f) [Section 82.008(e)] is for the
6-18 confidential use of the [hospital] cancer registry or the cancer
6-19 researcher [treatment center cancer registry], as applicable, and
6-20 is subject to Subsection (a).
6-21 SECTION 5. Section 82.010, Health and Safety Code, is amended
6-22 to read as follows:
6-23 Sec. 82.010. IMMUNITY FROM LIABILITY. The following persons
6-24 subject to this chapter that act in compliance with this chapter
6-25 are not civilly or criminally liable for furnishing the information
6-26 required under this chapter:
7-1 (1) a health care facility or [hospital,] clinical
7-2 laboratory[, or cancer treatment center];
7-3 (2) an administrator, officer, or employee of a health
7-4 care facility or [hospital,] clinical laboratory[, or cancer
7-5 treatment center]; and
7-6 (3) a health care practitioner or employee of a health
7-7 care practitioner [physician].
7-8 SECTION 6. This Act takes effect September 1, 2001.