1-1 By: Nelson, Moncrief S.B. No. 285
1-2 (In the Senate - Filed January 18, 2001; January 22, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 26, 2001, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; February 26, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to cancer incidence reporting.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 82.002, Health and Safety Code, is
1-11 amended to read as follows:
1-12 Sec. 82.002. DEFINITIONS. In this chapter:
1-13 (1) "Cancer" includes:
1-14 (A) a large group of diseases characterized by
1-15 uncontrolled growth and spread of abnormal cells;
1-16 (B) any condition of tumors having the
1-17 properties of anaplasia, invasion, and metastasis;
1-18 (C) a cellular tumor the natural course of which
1-19 is fatal; and
1-20 (D) malignant neoplasm.
1-21 (2) ["Cancer treatment center" means a special health
1-22 facility devoted to the study, prevention, diagnosis, and
1-23 management of neoplastic and allied diseases.]
1-24 [(3)] "Clinical laboratory" means an accredited
1-25 facility in which:
1-26 (A) tests are performed identifying findings of
1-27 anatomical changes; and
1-28 (B) specimens are interpreted and pathological
1-29 diagnoses are made.
1-30 (3) [(4)] "Health care facility [Hospital]" means:
1-31 (A) a general or special hospital as defined by
1-32 [licensed under] Chapter 241 (Texas Hospital Licensing Law); [or]
1-33 (B) an ambulatory surgical center licensed under
1-34 Chapter 243;
1-35 (C) an institution licensed under Chapter 242;
1-36 or
1-37 (D) any other facility, including an outpatient
1-38 clinic, that provides diagnosis or treatment services to patients
1-39 with cancer.
1-40 (4) "Health care practitioner" means:
1-41 (A) a physician as defined by Section 151.002,
1-42 Occupations Code; or
1-43 (B) a person who practices dentistry as
1-44 described by Section 251.003, Occupations Code [The University of
1-45 Texas System Cancer Center].
1-46 (5) "Precancerous disease" means abnormality of
1-47 development and organization of adult cells, which is a condition
1-48 of early cancer without the invasion of neighboring tissue.
1-49 (6) "Tumorous disease" means a new growth of tissue in
1-50 which the multiplication of cells is uncontrolled and progressive,
1-51 also called neoplasm. It is a swelling, enlargement, or abnormal
1-52 mass, either benign or malignant, that performs no useful
1-53 functions.
1-54 SECTION 2. Section 82.006, Health and Safety Code, is
1-55 amended to read as follows:
1-56 Sec. 82.006. BOARD POWERS. To implement this chapter, the
1-57 board may:
1-58 (1) adopt rules that the board considers necessary;
1-59 (2) execute contracts that the board considers
1-60 necessary;
1-61 (3) receive the data from medical records of cases of
1-62 cancer or precancerous or tumorous disease that are in the custody
1-63 or under the control of clinical laboratories, health care
1-64 facilities [hospitals], and health care practitioners [cancer
2-1 treatment centers] to record and analyze the data directly related
2-2 to those diseases;
2-3 (4) compile and publish statistical and other studies
2-4 derived from the patient data obtained under this chapter to
2-5 provide, in an accessible form, information that is useful to
2-6 physicians, other medical personnel, and the general public;
2-7 (5) comply with requirements as necessary to obtain
2-8 federal funds in the maximum amounts and most advantageous
2-9 proportions possible;
2-10 (6) receive and use gifts made for the purpose of this
2-11 chapter; and
2-12 (7) limit cancer reporting activities under this
2-13 chapter to specified geographic areas of the state to ensure
2-14 optimal use of funds available for obtaining the data.
2-15 SECTION 3. Section 82.008, Health and Safety Code, is
2-16 amended by amending Subsections (a), (b), (d), and (e) and adding
2-17 Subsection (f) to read as follows:
2-18 (a) To ensure an accurate and continuing source of data
2-19 concerning precancerous and tumorous diseases specified by the
2-20 board and concerning cancer, each health care facility [hospital],
2-21 clinical laboratory, and health care practitioner [cancer treatment
2-22 center] shall furnish to the board or its representative, on
2-23 request, data the board considers necessary and appropriate that is
2-24 derived from each medical record of a case of one of those diseases
2-25 that is in the custody or under the control of the health care
2-26 facility [hospital], clinical laboratory, or health care
2-27 practitioner [treatment center].
2-28 (b) A health care facility [hospital], clinical laboratory,
2-29 or health care practitioner [cancer treatment center] shall furnish
2-30 the data requested under Subsection (a) in a format and within the
2-31 period prescribed by the department.
2-32 (d) The department is authorized to access the medical
2-33 records of a health care facility, clinical laboratory, or health
2-34 care practitioner [board by rule may determine a reasonable amount
2-35 for compensation to the hospital, clinical laboratory, or cancer
2-36 treatment center for the cost of collecting or furnishing the data
2-37 and shall pay that amount, within the limits of funds appropriated
2-38 expressly for that purpose].
2-39 (e) The board shall adopt procedures that ensure adequate
2-40 notice is given to the health care facility, clinical laboratory,
2-41 or health care practitioner before the department accesses data
2-42 under Subsection (d). A health care facility, clinical laboratory,
2-43 or health care practitioner that fails to furnish data as required
2-44 by this chapter shall reimburse the department or its authorized
2-45 representative for the costs of accessing and reporting the data.
2-46 The department may assess a late fee on an account that is 60 days
2-47 or more overdue. The late fee may not exceed one and one-half
2-48 percent of the total amount due on the late account for each month
2-49 or portion of a month the account is not paid in full.
2-50 (f) The data required to be furnished under this section may
2-51 [also] be shared with [furnished only to:]
2-52 [(1)] cancer registries of health care facilities
2-53 subject to the confidentiality provisions in Section 82.009
2-54 [hospitals; and]
2-55 [(2) cancer registries of cancer treatment centers].
2-56 SECTION 4. Section 82.009, Health and Safety Code, is
2-57 amended to read as follows:
2-58 Sec. 82.009. CONFIDENTIALITY. (a) Reports, records, and
2-59 information [Data] obtained under this chapter are confidential and
2-60 are not subject to disclosure under Chapter 552, Government Code,
2-61 are not subject to subpoena, and may not otherwise be released or
2-62 made public except as provided by this section or Section
2-63 82.008(f). The reports, records, and information obtained under
2-64 this chapter are [directly from the medical records of a patient
2-65 is] for the confidential use of the department and the persons or
2-66 public or private entities that the department [board] determines
2-67 are necessary to carry out the intent of this chapter. [The data
2-68 is privileged and may not be divulged or made public in a manner
2-69 that discloses the identity of an individual whose medical records
3-1 have been used for obtaining data under this chapter.]
3-2 (b) Medical or epidemiological information may be released:
3-3 (1) for statistical purposes in a manner that prevents
3-4 identification of any person;
3-5 (2) with the consent of each person identified in the
3-6 information; or
3-7 (3) to promote cancer research, including release to
3-8 other cancer registries and appropriate state and federal agencies,
3-9 under rules adopted by the board to ensure confidentiality
3-10 [Information that may identify an individual whose medical records
3-11 have been used for obtaining data under this chapter is not
3-12 available for public inspection under Chapter 552, Government
3-13 Code].
3-14 (c) A state employee may not testify in a civil, criminal,
3-15 special, or other proceeding as to the existence or contents of
3-16 records, reports, or information concerning an individual whose
3-17 medical records have been used in submitting data required under
3-18 this chapter unless the individual consents in advance [Statistical
3-19 information collected under this chapter is public information].
3-20 (d) Data furnished to a [hospital] cancer registry or a
3-21 cancer researcher [treatment center cancer registry] under
3-22 Subsection (b) or Section 82.008(f) [Section 82.008(e)] is for the
3-23 confidential use of the [hospital] cancer registry or the cancer
3-24 researcher [treatment center cancer registry], as applicable, and
3-25 is subject to Subsection (a).
3-26 SECTION 5. Section 82.010, Health and Safety Code, is
3-27 amended to read as follows:
3-28 Sec. 82.010. IMMUNITY FROM LIABILITY. The following persons
3-29 subject to this chapter that act in compliance with this chapter
3-30 are not civilly or criminally liable for furnishing the information
3-31 required under this chapter:
3-32 (1) a health care facility or [hospital,] clinical
3-33 laboratory[, or cancer treatment center];
3-34 (2) an administrator, officer, or employee of a health
3-35 care facility or [hospital,] clinical laboratory[, or cancer
3-36 treatment center]; and
3-37 (3) a health care practitioner or employee of a health
3-38 care practitioner [physician].
3-39 SECTION 6. This Act takes effect September 1, 2001.
3-40 * * * * *