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