Texas 2009 - 81st Regular

Texas Senate Bill SB1171 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1171
2	2
3	3
4	4	AN ACT
5	5	relating to certain health-related reports, records, and
6	6	information.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 81.046, Health and Safety Code, is
9	9	amended by amending Subsections (a), (c), and (f) and adding
10	10	Subsection (g) to read as follows:
11	11	(a) Reports, records, and information received from any
12	12	source, including from a federal agency or from another state,
13	13	furnished to a public health district, a health authority, a local
14	14	health department, or the department that relate to cases or
15	15	suspected cases of diseases or health conditions are confidential
16	16	and may be used only for the purposes of this chapter.
17	17	(c) Medical or epidemiological information may be released:
18	18	(1) for statistical purposes if released in a manner
19	19	that prevents the identification of any person;
20	20	(2) with the consent of each person identified in the
21	21	information;
22	22	(3) to medical personnel treating the individual,
23	23	appropriate state agencies in this state or another state, a health
24	24	authority or local health department in this state or another
25	25	state, or federal, county, or [and] district courts to comply with
26	26	this chapter and related rules relating to the control and
27	27	treatment of communicable diseases and health conditions or under
28	28	another state or federal law that expressly authorizes the
29	29	disclosure of this information;
30	30	(4) to appropriate federal agencies, such as the
31	31	Centers for Disease Control and Prevention of the United States
32	32	Public Health Service, but the information must be limited to the
33	33	name, address, sex, race, and occupation of the patient, the date of
34	34	disease onset, the probable source of infection, and other
35	35	requested information relating to the case or suspected case of a
36	36	communicable disease or health condition; or
37	37	(5) to medical personnel to the extent necessary in a
38	38	medical emergency to protect the health or life of the person
39	39	identified in the information.
40	40	(f) Reports, records, and information relating to cases or
41	41	suspected cases of diseases or health conditions may be released to
42	42	the extent necessary during a public health disaster to law
43	43	enforcement personnel solely for the purpose of protecting the
44	44	health or life of the person identified in the report, record, or
45	45	information. Only the minimum necessary information may be
46	46	released under this subsection, as determined by the health
47	47	authority, the local health department, or the department.
48	48	(g) A judge of a county or district court may issue a
49	49	protective order or take other action to limit disclosure of
50	50	medical or epidemiological information obtained under this section
51	51	before that information is entered into evidence or otherwise
52	52	disclosed in a court proceeding.
53	53	SECTION 2. Section 81.103, Health and Safety Code, is
54	54	amended by amending Subsection (b) and adding Subsection (k) to
55	55	read as follows:
56	56	(b) A test result may be released to:
57	57	(1) the department under this chapter;
58	58	(2) a local health authority if reporting is required
59	59	under this chapter;
60	60	(3) the Centers for Disease Control and Prevention of
61	61	the United States Public Health Service if reporting is required by
62	62	federal law or regulation;
63	63	(4) the physician or other person authorized by law
64	64	who ordered the test;
65	65	(5) a physician, nurse, or other health care personnel
66	66	who have a legitimate need to know the test result in order to
67	67	provide for their protection and to provide for the patient's
68	68	health and welfare;
69	69	(6) the person tested or a person legally authorized
70	70	to consent to the test on the person's behalf;
71	71	(7) the spouse of the person tested if the person tests
72	72	positive for AIDS or HIV infection, antibodies to HIV, or infection
73	73	with any other probable causative agent of AIDS;
74	74	(8) a person authorized to receive test results under
75	75	Article 21.31, Code of Criminal Procedure, concerning a person who
76	76	is tested as required or authorized under that article; [and]
77	77	(9) a person exposed to HIV infection as provided by
78	78	Section 81.050; and
79	79	(10) a county or district court to comply with this
80	80	chapter or rules relating to the control and treatment of
81	81	communicable diseases and health conditions.
82	82	(k) A judge of a county or district court may issue a
83	83	protective order or take other action to limit disclosure of a test
84	84	result obtained under this section before that information is
85	85	entered into evidence or otherwise released in a court proceeding.
86	86	SECTION 3. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2009.
91	91	______________________________ ______________________________
92	92	President of the Senate Speaker of the House
93	93	I hereby certify that S.B. No. 1171 passed the Senate on
94	94	April 23, 2009, by the following vote: Yeas 30, Nays 0.
95	95	______________________________
96	96	Secretary of the Senate
97	97	I hereby certify that S.B. No. 1171 passed the House on
98	98	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
99	99	present not voting.
100	100	______________________________
101	101	Chief Clerk of the House
102	102	Approved:
103	103	______________________________
104	104	Date
105	105	______________________________
106	106	Governor