H.B. No. 3576
AN ACT
relating to the investigation of, and release of information
concerning, communicable disease, including the Zika virus and
other high consequence communicable diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.046(c), Health and Safety Code, as
amended by Chapters 789 (H.B. 2646) and 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; [or]
(6) to a designated infection control officer;
(7) [(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
(8) [(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 person who has or is suspected of having a present or
potential health condition resulting from exposure to a high
consequence communicable disease
as defined by the department,
including the Zika virus, may be released to an appropriate federal
agency:
(1) the name, address, sex, race, and occupation of
the person;
(2) the date of the onset of the health condition;
(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. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3576 was passed by the House on May
12, 2017, by the following vote: Yeas 139, Nays 3, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3576 on May 26, 2017, by the following vote: Yeas 144, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3576 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor