4 | 10 | | AN ACT |
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5 | 11 | | relating to the investigation of, and release of information |
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6 | 12 | | concerning, communicable disease, including the Zika virus and |
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7 | 13 | | other high consequence communicable diseases. |
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8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 15 | | SECTION 1. Section 81.046(c), Health and Safety Code, as |
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10 | 16 | | amended by Chapters 789 (H.B. 2646) and 1278 (S.B. 1574), Acts of |
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11 | 17 | | the 84th Legislature, Regular Session, 2015, is reenacted and |
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12 | 18 | | amended to read as follows: |
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13 | 19 | | (c) Medical or epidemiological information, including |
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14 | 20 | | information linking a person who is exposed to a person with a |
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15 | 21 | | communicable disease, may be released: |
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16 | 22 | | (1) for statistical purposes if released in a manner |
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17 | 23 | | that prevents the identification of any person; |
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18 | 24 | | (2) with the consent of each person identified in the |
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19 | 25 | | information; |
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20 | 26 | | (3) to medical personnel treating the individual, |
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21 | 27 | | appropriate state agencies in this state or another state, a health |
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22 | 28 | | authority or local health department in this state or another |
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23 | 29 | | state, or federal, county, or district courts to comply with this |
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24 | 30 | | chapter and related rules relating to the control and treatment of |
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25 | 31 | | communicable diseases and health conditions or under another state |
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26 | 32 | | or federal law that expressly authorizes the disclosure of this |
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27 | 33 | | information; |
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28 | 34 | | (4) to appropriate federal agencies, such as the |
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29 | 35 | | Centers for Disease Control and Prevention [of the United States |
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30 | 36 | | Public Health Service], but, except as provided under Subsection |
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31 | 37 | | (c-3), the information must be limited to the name, address, sex, |
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32 | 38 | | race, and occupation of the patient, the date of disease onset, the |
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33 | 39 | | probable source of infection, and other requested information |
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34 | 40 | | relating to the case or suspected case of a communicable disease or |
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35 | 41 | | health condition; |
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36 | 42 | | (5) to medical personnel to the extent necessary in a |
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37 | 43 | | medical emergency to protect the health or life of the person |
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38 | 44 | | identified in the information; [or] |
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39 | 45 | | (6) to a designated infection control officer; |
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40 | 46 | | (7) [(6)] to governmental entities that provide first |
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41 | 47 | | responders who may respond to a situation involving a potential |
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42 | 48 | | communicable disease of concern and need the information to |
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43 | 49 | | properly respond to the situation; or |
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44 | 50 | | (8) [(7)] to a local health department or health |
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45 | 51 | | authority for a designated monitoring period based on the potential |
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46 | 52 | | risk for developing symptoms of a communicable disease of concern. |
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47 | 53 | | SECTION 2. Section 81.046, Health and Safety Code, is |
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48 | 54 | | amended by adding Subsection (c-3) to read as follows: |
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49 | 55 | | (c-3) The following medical or epidemiological information |
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50 | 56 | | relating to a person who has or is suspected of having a present or |
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51 | 57 | | potential health condition resulting from exposure to a high |
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56 | 60 | | (1) the name, address, sex, race, and occupation of |
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57 | 61 | | the person; |
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58 | 62 | | (2) the date of the onset of the health condition; |
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59 | 63 | | (3) the probable source of infection or exposure; and |
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60 | 64 | | (4) other requested information relating to the case |
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61 | 65 | | or suspected case of the infection. |
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62 | 66 | | SECTION 3. Sections 81.061(a) and (c), Health and Safety |
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63 | 67 | | Code, are amended to read as follows: |
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64 | 68 | | (a) The department shall investigate the causes and effects |
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65 | 69 | | of communicable disease and methods of prevention. |
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66 | 70 | | (c) The department may investigate the existence of |
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67 | 71 | | communicable disease in the state to determine the nature and |
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68 | 72 | | extent of the disease and potential effects on the health of |
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69 | 73 | | individuals and to formulate and evaluate the control measures used |
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70 | 74 | | to protect the public health. A person shall provide records and |
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71 | 75 | | other information to the department on request according to the |
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72 | 76 | | department's written instructions. |
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73 | 77 | | SECTION 4. To the extent of any conflict, this Act prevails |
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74 | 78 | | over another Act of the 85th Legislature, Regular Session, 2017, |
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75 | 79 | | relating to nonsubstantive additions to and corrections in enacted |
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76 | 80 | | codes. |
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77 | 81 | | SECTION 5. This Act takes effect September 1, 2017. |
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78 | | - | ______________________________ ______________________________ |
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79 | | - | President of the Senate Speaker of the House |
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80 | | - | I certify that H.B. No. 3576 was passed by the House on May |
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81 | | - | 12, 2017, by the following vote: Yeas 139, Nays 3, 1 present, not |
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82 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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83 | | - | No. 3576 on May 26, 2017, by the following vote: Yeas 144, Nays 0, |
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84 | | - | 2 present, not voting. |
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85 | | - | ______________________________ |
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86 | | - | Chief Clerk of the House |
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87 | | - | I certify that H.B. No. 3576 was passed by the Senate, with |
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88 | | - | amendments, on May 24, 2017, by the following vote: Yeas 30, Nays |
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89 | | - | 1. |
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90 | | - | ______________________________ |
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91 | | - | Secretary of the Senate |
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92 | | - | APPROVED: __________________ |
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93 | | - | Date |
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94 | | - | __________________ |
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95 | | - | Governor |
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| 82 | + | * * * * * |
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