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79R11426 MSE-F


By:  Dukes, Riddle                                                H.B. No. 1677



A BILL TO BE ENTITLED

AN ACT

relating to establishing a sentinel surveillance program for 
respiratory syncytial virus.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is 
amended by adding Chapter 96 to read as follows:

CHAPTER 96.  RESPIRATORY SYNCYTIAL VIRUS
	Sec. 96.001.  DEFINITIONS.  In this chapter:                            
		(1)  "Department" means the Department of State Health 
Services.     
		(2)  "Executive commissioner" means the executive 
commissioner of the Health and Human Services Commission.
		(3)  "Health facility" includes:                                       
			(A)  a general or special hospital licensed by the 
department under Chapter 241;
			(B)  a physician-owned or physician-operated 
clinic;                
			(C)  a publicly or privately funded medical 
school;                 
			(D)  a state hospital or state school maintained 
and managed by the Department of State Health Services or the 
Department of Aging and Disability Services;
			(E)  a public health clinic conducted by a local 
health unit, health department, or public health district organized 
and recognized under Chapter 121; and
			(F)  another facility specified by a rule adopted 
by the executive commissioner.
		(4)  "Local health unit" has the meaning assigned by 
Section 121.004.
		(5)  "RSV" means respiratory syncytial virus.                          
	Sec. 96.002.  CONFIDENTIALITY.  (a)  Except as specifically 
authorized by this chapter, reports, records, and information 
furnished to a department employee or to an authorized agent of the 
department that relate to cases or suspected cases of a health 
condition are confidential and may be used only for the purposes of 
this chapter.
	(b)  Reports, records, and information relating to cases or 
suspected cases of health conditions are not public information 
under Chapter 552, Government Code, and may not be released or made 
public on subpoena or otherwise except as provided by this chapter.
	(c)  The department may release medical, epidemiological, or 
toxicological information:
		(1)  for statistical purposes, if released in a manner 
that prevents the identification of any person;
		(2)  to medical personnel, appropriate state agencies, 
health authorities, regional directors, and public officers of 
counties and municipalities as necessary to comply with this 
chapter and rules relating to the identification, monitoring, and 
referral of children with RSV; or
		(3)  to appropriate federal agencies, such as the 
Centers for Disease Control and Prevention of the United States 
Public Health Service.
	Sec. 96.003.  LIMITATION OF LIABILITY.  A health 
professional, a health facility, or an administrator, officer, or 
employee of a health facility subject to this chapter is not civilly 
or criminally liable for divulging information required to be 
released under this chapter, except in a case of gross negligence or 
wilful misconduct.
	Sec. 96.004.  COOPERATION OF GOVERNMENTAL ENTITIES.  Another 
state board, commission, agency, or governmental entity capable of 
assisting the department in carrying out the intent of this chapter 
shall cooperate with the department and furnish expertise, 
services, and facilities to the sentinel surveillance program.
	Sec. 96.005.  SENTINEL SURVEILLANCE PROGRAM.  (a)  The 
executive commissioner shall establish in the department a program 
to:
		(1)  identify by sentinel surveillance RSV infection in 
children; and
		(2)  maintain a central database of 
laboratory-confirmed cases of RSV that can be used to investigate 
the incidence, prevalence, and trends of RSV.
	(b)  In establishing the sentinel surveillance program for 
RSV, the executive commissioner shall consider:
		(1)  the number and geographic distribution of children 
in the state;
		(2)  the location of health facilities that collect RSV 
information locally; and
		(3)  the use of existing data collected by health 
facilities.        
	(c)  The executive commissioner shall adopt rules to govern 
the operation of the program and carry out the intent of this 
chapter, including rules that specify a system for selecting the 
demographic areas in which the department collects information.
	Sec. 96.006.  DATA COLLECTION.  (a)  To ensure an accurate 
source of data, the executive commissioner may require a health 
facility or health professional to make available for review by the 
department or by an authorized agent medical records or other 
information that is in the facility's or professional's custody or 
control and that relates to an occurrence of RSV.
	(b)  The executive commissioner by rule shall prescribe the 
manner in which data are reported to the department.
	Sec. 96.007.  DATABASE.  (a)  Information collected and 
analyzed by the department or an authorized agent under this 
chapter may be placed in a central database to facilitate 
information sharing and provider education.
	(b)  The department may use the database to:                            
		(1)  design and evaluate measures to prevent the 
occurrence of RSV and other health conditions; and
		(2)  provide information and education to providers on 
the incidence of RSV infection.
	SECTION 2.  Not later than November 1, 2005, the executive 
commissioner of the Health and Human Services Commission shall 
adopt rules as required by Section 96.005, Health and Safety Code, 
as added by this Act.
	SECTION 3.  This Act takes effect September 1, 2005.