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.