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