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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation of, and release of information |
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concerning, communicable disease, including the Zika virus and |
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other high consequence communicable diseases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.046(c), Health and Safety Code, as |
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amended by Chapters 789 (H.B. 2646) and 1278 (S.B. 1574), Acts of |
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the 84th Legislature, Regular Session, 2015, is reenacted and |
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amended to read as follows: |
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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, except as provided under Subsection |
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(c-3), the information must be limited to the name, address, sex, |
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race, and occupation of the patient, the date of disease onset, the |
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probable source of infection, and other requested information |
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relating to the case or suspected case of a communicable disease or |
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health condition; |
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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; [or] |
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(6) to a designated infection control officer; |
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(7) [(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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(8) [(7)] to a local health department or health |
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authority for a designated monitoring period based on the potential |
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risk for developing symptoms of a communicable disease of concern. |
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SECTION 2. Section 81.046, Health and Safety Code, is |
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amended by adding Subsection (c-3) to read as follows: |
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(c-3) The following medical or epidemiological information |
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relating to a person who has or is suspected of having a present or |
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potential health condition resulting from exposure to a high |
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consequence communicable disease, such as the Zika virus, may be |
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released to an appropriate federal agency: |
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(1) the name, address, sex, race, and occupation of |
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the person; |
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(2) the date of the onset of the health condition; |
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(3) the probable source of infection or exposure; and |
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(4) other requested information relating to the case |
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or suspected case of the infection. |
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SECTION 3. Sections 81.061(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) The department shall investigate the causes and effects |
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of communicable disease and methods of prevention. |
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(c) The department may investigate the existence of |
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communicable disease in the state to determine the nature and |
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extent of the disease and potential effects on the health of |
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individuals and to formulate and evaluate the control measures used |
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to protect the public health. A person shall provide records and |
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other information to the department on request according to the |
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department's written instructions. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. This Act takes effect September 1, 2017. |