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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of information regarding communicable |
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diseases to first responders and certain entities. |
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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 (b), (c), and (f) and adding |
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Subsections (c-1), (c-2), and (g) to read as follows: |
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(b) Reports, records, and information relating to cases or |
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suspected cases of diseases or health conditions are not public |
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information under Chapter 552, Government Code, and may not be |
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released or made public on subpoena or otherwise except as provided |
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by Subsections (c), (c-1), (d), and (f). |
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(c) Medical or epidemiological information, including |
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information linking a person who is exposed to a person with a |
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communicable disease, 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 district courts to comply with this |
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chapter and related rules relating to the control and treatment of |
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communicable diseases and health conditions or under another state |
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or federal law that expressly authorizes the disclosure of this |
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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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(6) to governmental entities that provide first |
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responders who may respond to a situation involving a potential |
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communicable disease of concern and need the information to |
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properly respond to the situation; or |
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(7) to a local health department or health authority |
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for a designated monitoring period based on the potential risk for |
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developing symptoms of a communicable disease of concern. |
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(c-1) A local health department or health authority shall |
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provide to first responders the physical address of a person who is |
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being monitored by the local department or authority for a |
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communicable disease for the duration of the disease's incubation |
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period. The local health department, health authority, or other |
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governmental entity, as applicable, shall remove the person's |
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physical address from any computer-aided dispatch system after the |
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monitoring period expires. |
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(c-2) Only the minimum necessary information may be |
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released under Subsections (c)(6) and (7) and (c-1), as determined |
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by a health authority, local health department, governmental |
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entity, or department. |
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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, including an |
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outbreak of a communicable disease, to law enforcement personnel |
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and first responders solely for the purpose of protecting the |
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health or life of a first responder or the person identified in the |
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report, record, or information. Only the minimum necessary |
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information may be released under this subsection, as determined by |
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the health authority, the local health department, or the |
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department. |
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(g) For purposes of this section, "first responder" has the |
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meaning assigned by Section 421.095, Government Code. |
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SECTION 2. This Act takes effect September 1, 2015. |
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