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AN ACT
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relating to certain health-related reports, records, and |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.046, Health and Safety Code, is |
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amended by amending Subsections (a), (c), and (f) and adding |
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Subsection (g) to read as follows: |
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(a) Reports, records, and information received from any |
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source, including from a federal agency or from another state, |
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furnished to a public health district, a health authority, a local |
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health department, or the department that relate to cases or |
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suspected cases of diseases or health conditions are confidential |
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and may be used only for the purposes of this chapter. |
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(c) Medical or epidemiological information may be released: |
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(1) for statistical purposes if released in a manner |
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that prevents the identification of any person; |
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(2) with the consent of each person identified in the |
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information; |
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(3) to medical personnel treating the individual, |
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appropriate state agencies in this state or another state, a health |
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authority or local health department in this state or another |
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state, or federal, county, or [and] district courts to comply with |
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this chapter and related rules relating to the control and |
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treatment of communicable diseases and health conditions or under |
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another state or federal law that expressly authorizes the |
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disclosure of this information; |
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(4) to appropriate federal agencies, such as the |
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Centers for Disease Control and Prevention of the United States |
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Public Health Service, but the information must be limited to the |
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name, address, sex, race, and occupation of the patient, the date of |
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disease onset, the probable source of infection, and other |
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requested information relating to the case or suspected case of a |
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communicable disease or health condition; or |
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(5) to medical personnel to the extent necessary in a |
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medical emergency to protect the health or life of the person |
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identified in the information. |
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(f) Reports, records, and information relating to cases or |
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suspected cases of diseases or health conditions may be released to |
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the extent necessary during a public health disaster to law |
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enforcement personnel solely for the purpose of protecting the |
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health or life of the person identified in the report, record, or |
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information. Only the minimum necessary information may be |
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released under this subsection, as determined by the health |
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authority, the local health department, or the department. |
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(g) A judge of a county or district court may issue a |
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protective order or take other action to limit disclosure of |
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medical or epidemiological information obtained under this section |
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before that information is entered into evidence or otherwise |
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disclosed in a court proceeding. |
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SECTION 2. Section 81.103, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (k) to |
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read as follows: |
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(b) A test result may be released to: |
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(1) the department under this chapter; |
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(2) a local health authority if reporting is required |
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under this chapter; |
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(3) the Centers for Disease Control and Prevention of |
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the United States Public Health Service if reporting is required by |
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federal law or regulation; |
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(4) the physician or other person authorized by law |
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who ordered the test; |
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(5) a physician, nurse, or other health care personnel |
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who have a legitimate need to know the test result in order to |
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provide for their protection and to provide for the patient's |
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health and welfare; |
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(6) the person tested or a person legally authorized |
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to consent to the test on the person's behalf; |
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(7) the spouse of the person tested if the person tests |
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positive for AIDS or HIV infection, antibodies to HIV, or infection |
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with any other probable causative agent of AIDS; |
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(8) a person authorized to receive test results under |
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Article 21.31, Code of Criminal Procedure, concerning a person who |
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is tested as required or authorized under that article; [and] |
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(9) a person exposed to HIV infection as provided by |
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Section 81.050; and |
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(10) a county or district court to comply with this |
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chapter or rules relating to the control and treatment of |
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communicable diseases and health conditions. |
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(k) A judge of a county or district court may issue a |
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protective order or take other action to limit disclosure of a test |
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result obtained under this section before that information is |
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entered into evidence or otherwise released in a court proceeding. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1171 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1171 passed the House on |
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May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |