Bill Text: TX HB2055 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the establishment of a sentinel surveillance program for emerging and neglected tropical diseases.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB2055 Detail]
Download: Texas-2015-HB2055-Comm_Sub.html
Bill Title: Relating to the establishment of a sentinel surveillance program for emerging and neglected tropical diseases.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB2055 Detail]
Download: Texas-2015-HB2055-Comm_Sub.html
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.) | ||
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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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