Texas 2015 - 84th Regular

Texas House Bill HB2055 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Davis of Harris (Senate Sponsor - Schwertner) H.B. No. 2055
2		-	(In the Senate - Received from the House May 11, 2015;
3		-	May 15, 2015, read first time and referred to Committee on Health
4		-	and Human Services; May 22, 2015, reported favorably by the
5		-	following vote: Yeas 9, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2055
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the establishment of a sentinel surveillance program
12	6		for emerging and neglected tropical diseases.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
15	9		amended by adding Chapter 100 to read as follows:
16	10		CHAPTER 100. EMERGING AND NEGLECTED TROPICAL DISEASES
17	11		Sec. 100.001. DEFINITIONS. In this chapter:
18	12		(1) "Emerging disease" means a disease that is
19	13		appearing in a specific population for the first time or that is
20	14		increasing in incidence or geographic range.
21	15		(2) "Health facility" includes:
22	16		(A) a general or special hospital licensed by the
23	17		department under Chapter 241;
24	18		(B) a physician-owned or physician-operated
25	19		clinic;
26	20		(C) a publicly or privately funded medical
27	21		school;
28	22		(D) a state hospital or state school maintained
29	23		and managed by the department or the Department of Aging and
30	24		Disability Services;
31	25		(E) a public health clinic conducted by a local
32	26		health unit, health department, or public health district organized
33	27		and recognized under Chapter 121; and
34	28		(F) another facility specified by a rule adopted
35	29		by the executive commissioner.
36	30		(3) "Local health unit" has the meaning assigned by
37	31		Section 121.004.
38	32		(4) "Neglected tropical disease" means a parasitic or
39	33		bacterial disease that:
40	34		(A) occurs solely or principally in the tropics;
41	35		(B) is largely endemic in the developing world;
42	36		and
43	37		(C) has a potential to spread through
44	38		international travel or trade.
45	39		Sec. 100.002. CONFIDENTIALITY. (a) Except as specifically
46	40		authorized by this chapter, reports, records, and information
47	41		furnished to a department employee or to an authorized agent of the
48	42		department that relate to cases or suspected cases of a health
49	43		condition are confidential and may be used only for the purposes of
50	44		this chapter.
51	45		(b) Reports, records, and information relating to cases or
52	46		suspected cases of health conditions in the possession of the
53	47		department under this chapter are not public information under
54	48		Chapter 552, Government Code, and may not be released or made public
55	49		on subpoena or otherwise except as provided by this chapter.
56	50		(c) The department shall release medical, epidemiological,
57	51		or toxicological information:
58	52		(1) to medical personnel, appropriate state agencies,
59	53		health authorities, regional directors, and public officers of
60	54		counties and municipalities as necessary to comply with this
61	55		chapter and rules relating to the identification, monitoring, and
62	56		referral of individuals infected with an emerging or neglected
63	57		tropical disease; or
64	58		(2) to appropriate federal agencies, such as the
65	59		Centers for Disease Control and Prevention of the United States
66	60		Public Health Service.
67	61		(d) The department may release medical, epidemiological, or
68	62		toxicological information for statistical purposes, if released in
69	63		a manner that prevents the identification of any person.
70	64		Sec. 100.003. LIMITATION OF LIABILITY. A health
71	65		professional, a health facility, or an administrator, officer, or
72	66		employee of a health facility subject to this chapter is not civilly
73	67		or criminally liable for divulging information required to be
74	68		released under this chapter, except in a case of gross negligence or
75	69		wilful misconduct.
76	70		Sec. 100.004. COOPERATION OF GOVERNMENTAL ENTITIES.
77	71		Another state board, commission, agency, or governmental entity
78	72		capable of assisting the department in carrying out the intent of
79	73		this chapter shall cooperate with the department and furnish
80	74		expertise, services, and facilities to the program.
81	75		Sec. 100.005. SENTINEL SURVEILLANCE PROGRAM. (a) The
82	76		executive commissioner shall establish in the department a program
83	77		to:
84	78		(1) identify by sentinel surveillance individuals
85	79		infected with emerging or neglected tropical diseases;
86	80		(2) maintain a central database of
87	81		laboratory-confirmed cases of emerging and neglected tropical
88	82		diseases; and
89	83		(3) use the information in the database to investigate
90	84		the incidence, prevalence, and trends of emerging and neglected
91	85		tropical diseases.
92	86		(b) In establishing the sentinel surveillance program for
93	87		emerging and neglected tropical diseases, the executive
94	88		commissioner shall consider:
95	89		(1) the location of health facilities that collect
96	90		locally emerging and neglected tropical disease information; and
97	91		(2) the use, privacy, and security of existing data
98	92		collected by health facilities.
99	93		(c) The executive commissioner shall adopt rules to govern
100	94		the operation of the program and carry out the intent of this
101	95		chapter, including rules that:
102	96		(1) specify a system for selecting the demographic
103	97		areas in which the department collects information; and
104	98		(2) identify the specific emerging and neglected
105	99		tropical diseases that are included in the sentinel surveillance
106	100		program and the manner in which diseases will be added to the
107	101		program as necessary to reflect changing conditions.
108	102		Sec. 100.006. DATA COLLECTION. (a) To ensure an accurate
109	103		source of data, the executive commissioner may require a health
110	104		facility or health professional to make available for review by the
111	105		department or by an authorized agent medical records or other
112	106		information in the facility's or professional's custody or control
113	107		that relates to an occurrence of an emerging or neglected tropical
114	108		disease.
115	109		(b) The department shall reimburse a health facility or
116	110		health professional for the actual costs incurred by the facility
117	111		or professional in making copies of medical records or other
118	112		information available to the department.
119	113		(c) The executive commissioner by rule shall prescribe the
120	114		manner in which information is reported to the department.
121	115		Sec. 100.007. DATABASE. (a) Information collected and
122	116		analyzed by the department or an authorized agent under this
123	117		chapter may be placed in a central database to facilitate
124	118		information sharing and provider education.
125	119		(b) The department may use the database to:
126	120		(1) design and evaluate measures to prevent the
127	121		occurrence of emerging and neglected tropical diseases and other
128	122		health conditions; and
129	123		(2) provide information and education to providers on
130	124		the incidence of emerging and neglected tropical diseases.
131	125		Sec. 100.008. EDUCATIONAL AND INFORMATIONAL MATERIALS. The
132	126		department shall make available to health facilities and health
133	127		professionals:
134	128		(1) educational and informational materials
135	129		concerning emerging and neglected tropical diseases; and
136	130		(2) information on the importance of monitoring and
137	131		surveilling emerging and neglected tropical diseases.
138	132		SECTION 2. Not later than November 1, 2015, the executive
139	133		commissioner of the Health and Human Services Commission shall
140	134		adopt rules as required by Section 100.005, Health and Safety Code,
141	135		as added by this Act.
142	136		SECTION 3. This Act takes effect September 1, 2015.
143		-	* * * * *
	137	+	______________________________ ______________________________
	138	+	President of the Senate Speaker of the House
	139	+	I certify that H.B. No. 2055 was passed by the House on May 8,
	140	+	2015, by the following vote: Yeas 138, Nays 4, 2 present, not
	141	+	voting.
	142	+	______________________________
	143	+	Chief Clerk of the House
	144	+	I certify that H.B. No. 2055 was passed by the Senate on May
	145	+	26, 2015, by the following vote: Yeas 30, Nays 1.
	146	+	______________________________
	147	+	Secretary of the Senate
	148	+	APPROVED: _____________________
	149	+	Date
	150	+	_____________________
	151	+	Governor