By: Guerra H.B. No. 3576
A BILL TO BE ENTITLED
AN ACT
relating to the collection and release of information on the Zika
virus and other high consequence communicable diseases for certain
purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.046(c), Health and Safety Code, as
amended by Chapter 789 (H.B. 2646), Acts of the 84th Legislature,
Regular Session, 2015, and Chapter 1278 (S.B. 1574), Acts of the
84th Legislature, Regular Session, 2015, is reenacted and amended
to read as follows:
(c) Medical or epidemiological information, including
information linking a person who is exposed to a person with a
communicable disease, 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 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, except as provided under Subsection
(c-3), 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;
(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;
(6) to governmental entities that provide first
responders who may respond to a situation involving a potential
communicable disease of concern and need the information to
properly respond to the situation; or
(7) to a local health department or health authority
for a designated monitoring period based on the potential risk for
developing symptoms of a communicable disease of concern.
SECTION 2. Section 81.046, Health and Safety Code, is
amended by adding Subsection (c-3) to read as follows:
(c-3) The following medical or epidemiological information
relating to a patient or an individual who has or is suspected of
having a present or potential health condition resulting from
exposure to a high consequence communicable disease, such as the
Zika virus, may be released to an appropriate federal agency that
requests the information for the purpose of creating a multistate
registry of cases of the communicable disease:
(1) the name, address, sex, race, and occupation of
the patient or individual;
(2) the date of the onset of the health condition
onset, as applicable;
(3) the probable source of infection or exposure; and
(4) other requested information relating to the case
or suspected case of the infection.
SECTION 3. Sections 81.061(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) The department shall investigate the causes and effects
of communicable disease and methods of prevention.
(c) The department may investigate the existence of
communicable disease in the state to determine the nature and
extent of the disease and potential effects on the health of
individuals
and to formulate and evaluate the control measures used
to protect the public health. A person shall provide records and
other information to the department on request according to the
department's written instructions.
SECTION 4. This Act takes effect September 1, 2017.