| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the investigation of, and release of information |
|
|
concerning, communicable disease, including the Zika virus and |
|
|
other high consequence communicable diseases. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 81.046(c), Health and Safety Code, as |
|
|
amended by Chapters 789 (H.B. 2646) and 1278 (S.B. 1574), Acts of |
|
|
the 84th Legislature, Regular Session, 2015, is reenacted and |
|
|
amended to read as follows: |
|
|
(c) Medical or epidemiological information, including |
|
|
information linking a person who is exposed to a person with a |
|
|
communicable disease, may be released: |
|
|
(1) for statistical purposes if released in a manner |
|
|
that prevents the identification of any person; |
|
|
(2) with the consent of each person identified in the |
|
|
information; |
|
|
(3) to medical personnel treating the individual, |
|
|
appropriate state agencies in this state or another state, a health |
|
|
authority or local health department in this state or another |
|
|
state, or federal, county, or district courts to comply with this |
|
|
chapter and related rules relating to the control and treatment of |
|
|
communicable diseases and health conditions or under another state |
|
|
or federal law that expressly authorizes the disclosure of this |
|
|
information; |
|
|
(4) to appropriate federal agencies, such as the |
|
|
Centers for Disease Control and Prevention [of the United States
|
|
|
Public Health Service], but, except as provided under Subsection |
|
|
(c-3), the information must be limited to the name, address, sex, |
|
|
race, and occupation of the patient, the date of disease onset, the |
|
|
probable source of infection, and other requested information |
|
|
relating to the case or suspected case of a communicable disease or |
|
|
health condition; |
|
|
(5) to medical personnel to the extent necessary in a |
|
|
medical emergency to protect the health or life of the person |
|
|
identified in the information; [or] |
|
|
(6) to a designated infection control officer; |
|
|
(7) [(6)] to governmental entities that provide first |
|
|
responders who may respond to a situation involving a potential |
|
|
communicable disease of concern and need the information to |
|
|
properly respond to the situation; or |
|
|
(8) [(7)] to a local health department or health |
|
|
authority for a designated monitoring period based on the potential |
|
|
risk for developing symptoms of a communicable disease of concern. |
|
|
SECTION 2. Section 81.046, Health and Safety Code, is |
|
|
amended by adding Subsection (c-3) to read as follows: |
|
|
(c-3) The following medical or epidemiological information |
|
|
relating to a person who has or is suspected of having a present or |
|
|
potential health condition resulting from exposure to a high |
|
|
consequence communicable disease, such as the Zika virus, may be |
|
|
released to an appropriate federal agency: |
|
|
(1) the name, address, sex, race, and occupation of |
|
|
the person; |
|
|
(2) the date of the onset of the health condition; |
|
|
(3) the probable source of infection or exposure; and |
|
|
(4) other requested information relating to the case |
|
|
or suspected case of the infection. |
|
|
SECTION 3. Sections 81.061(a) and (c), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(a) The department shall investigate the causes and effects |
|
|
of communicable disease and methods of prevention. |
|
|
(c) The department may investigate the existence of |
|
|
communicable disease in the state to determine the nature and |
|
|
extent of the disease and potential effects on the health of |
|
|
individuals and to formulate and evaluate the control measures used |
|
|
to protect the public health. A person shall provide records and |
|
|
other information to the department on request according to the |
|
|
department's written instructions. |
|
|
SECTION 4. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 85th Legislature, Regular Session, 2017, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 5. This Act takes effect September 1, 2017. |