By: Davis of Harris (Senate Sponsor - Schwertner) H.B. No. 2055
(In the Senate - Received from the House May 11, 2015;
May 15, 2015, read first time and referred to Committee on Health
and Human Services; May 22, 2015, reported favorably by the
following vote: Yeas 9, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a sentinel surveillance program
for emerging and neglected tropical diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
amended by adding Chapter 100 to read as follows:
CHAPTER 100. EMERGING AND NEGLECTED TROPICAL DISEASES
Sec. 100.001. DEFINITIONS. In this chapter:
(1) "Emerging disease" means a disease that is
appearing in a specific population for the first time or that is
increasing in incidence or geographic range.
(2) "Health facility" includes:
(A) a general or special hospital licensed by the
department under Chapter 241;
(B) a physician-owned or physician-operated
clinic;
(C) a publicly or privately funded medical
school;
(D) a state hospital or state school maintained
and managed by the department or the Department of Aging and
Disability Services;
(E) a public health clinic conducted by a local
health unit, health department, or public health district organized
and recognized under Chapter 121; and
(F) another facility specified by a rule adopted
by the executive commissioner.
(3) "Local health unit" has the meaning assigned by
Section 121.004.
(4) "Neglected tropical disease" means a parasitic or
bacterial disease that:
(A) occurs solely or principally in the tropics;
(B) is largely endemic in the developing world;
and
(C) has a potential to spread through
international travel or trade.
Sec. 100.002. CONFIDENTIALITY. (a) Except as specifically
authorized by this chapter, reports, records, and information
furnished to a department employee or to an authorized agent of the
department that relate to cases or suspected cases of a health
condition are confidential and may be used only for the purposes of
this chapter.
(b) Reports, records, and information relating to cases or
suspected cases of health conditions in the possession of the
department under this chapter are not public information under
Chapter 552, Government Code, and may not be released or made public
on subpoena or otherwise except as provided by this chapter.
(c) The department shall release medical, epidemiological,
or toxicological information:
(1) to medical personnel, appropriate state agencies,
health authorities, regional directors, and public officers of
counties and municipalities as necessary to comply with this
chapter and rules relating to the identification, monitoring, and
referral of individuals infected with an emerging or neglected
tropical disease; or
(2) to appropriate federal agencies, such as the
Centers for Disease Control and Prevention of the United States
Public Health Service.
(d) The department may release medical, epidemiological, or
toxicological information for statistical purposes, if released in
a manner that prevents the identification of any person.
Sec. 100.003. LIMITATION OF LIABILITY. A health
professional, a health facility, or an administrator, officer, or
employee of a health facility subject to this chapter is not civilly
or criminally liable for divulging information required to be
released under this chapter, except in a case of gross negligence or
wilful misconduct.
Sec. 100.004. COOPERATION OF GOVERNMENTAL ENTITIES.
Another state board, commission, agency, or governmental entity
capable of assisting the department in carrying out the intent of
this chapter shall cooperate with the department and furnish
expertise, services, and facilities to the program.
Sec. 100.005. SENTINEL SURVEILLANCE PROGRAM. (a) The
executive commissioner shall establish in the department a program
to:
(1) identify by sentinel surveillance individuals
infected with emerging or neglected tropical diseases;
(2) maintain a central database of
laboratory-confirmed cases of emerging and neglected tropical
diseases; and
(3) use the information in the database to investigate
the incidence, prevalence, and trends of emerging and neglected
tropical diseases.
(b) In establishing the sentinel surveillance program for
emerging and neglected tropical diseases, the executive
commissioner shall consider:
(1) the location of health facilities that collect
locally emerging and neglected tropical disease information; and
(2) the use, privacy, and security of existing data
collected by health facilities.
(c) The executive commissioner shall adopt rules to govern
the operation of the program and carry out the intent of this
chapter, including rules that:
(1) specify a system for selecting the demographic
areas in which the department collects information; and
(2) identify the specific emerging and neglected
tropical diseases that are included in the sentinel surveillance
program and the manner in which diseases will be added to the
program as necessary to reflect changing conditions.
Sec. 100.006. DATA COLLECTION. (a) To ensure an accurate
source of data, the executive commissioner may require a health
facility or health professional to make available for review by the
department or by an authorized agent medical records or other
information in the facility's or professional's custody or control
that relates to an occurrence of an emerging or neglected tropical
disease.
(b) The department shall reimburse a health facility or
health professional for the actual costs incurred by the facility
or professional in making copies of medical records or other
information available to the department.
(c) The executive commissioner by rule shall prescribe the
manner in which information is reported to the department.
Sec. 100.007. DATABASE. (a) Information collected and
analyzed by the department or an authorized agent under this
chapter may be placed in a central database to facilitate
information sharing and provider education.
(b) The department may use the database to:
(1) design and evaluate measures to prevent the
occurrence of emerging and neglected tropical diseases and other
health conditions; and
(2) provide information and education to providers on
the incidence of emerging and neglected tropical diseases.
Sec. 100.008. EDUCATIONAL AND INFORMATIONAL MATERIALS. The
department shall make available to health facilities and health
professionals:
(1) educational and informational materials
concerning emerging and neglected tropical diseases; and
(2) information on the importance of monitoring and
surveilling emerging and neglected tropical diseases.
SECTION 2. Not later than November 1, 2015, the executive
commissioner of the Health and Human Services Commission shall
adopt rules as required by Section 100.005, Health and Safety Code,
as added by this Act.
SECTION 3. This Act takes effect September 1, 2015.
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