79R5348 UM-D

By:  Laubenberg                                                   H.B. No. 3097



A BILL TO BE ENTITLED

AN ACT

relating to reporting of diabetes diagnosed in persons younger than 
18 years of age.
	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 81A to read as follows:
	CHAPTER 81A.  OTHER REPORTABLE DISEASES
	Sec. 81A.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Clinical laboratory" means an accredited 
facility in which tests are performed that identify reportable 
diseases.
		(2)  "Health care facility" means:                                     
			(A)  a hospital as defined in Chapter 241;                            
			(B)  an ambulatory surgical center licensed under 
Chapter 243;      
			(C)  an institution licensed under Chapter 242; or                    
			(D)  any other facility that provides diagnosis or 
treatment services to patients with diabetes.
		(3)  "Physician" means a person licensed to practice 
medicine in this state.
	Sec. 81A.002.  PERSONS REQUIRED TO REPORT.  Each health care 
facility, clinical laboratory, and physician shall report to the 
Department of State Health Services each newly diagnosed case of 
diabetes in a person younger than 18 years of age from a medical 
record in the custody or under the control of the health care 
facility, clinical laboratory, or physician.
	Sec. 81A.003.  CONFIDENTIALITY.  (a)  Reports, records, and 
information obtained under this chapter are confidential and are 
not subject to disclosure under Chapter 552, Government Code, are 
not subject to subpoena, and may not otherwise be released.  The 
reports, records, and information obtained under this chapter are 
for the confidential use of the Department of State Health Services 
and the persons or public or private entities that the local health 
authority determines are necessary to carry out the intent of this 
chapter.
	(b)  Medical or epidemiological information may be released:            
		(1)  for statistical purposes in a manner that prevents 
identification of individuals, health care facilities, clinical 
laboratories, or physicians or other health care practitioners; or
		(2)  with the consent of each person identified in the 
information.  
	(c)  An employee of the Department of State Health Services 
may not testify in a civil, criminal, special, or other proceeding 
as to the existence or contents of records, reports, or information 
concerning an individual whose medical records have been used in 
submitting data required under this chapter unless the individual 
consents in advance.
	SECTION 2.  This Act takes effect September 1, 2005.