CHAPTER 83. EXPOSURE TO AGENT ORANGE - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES

CHAPTER 83. EXPOSURE TO AGENT ORANGE

Sec. 83.001. DEFINITIONS. In this chapter:

(1) "Agent Orange" means the herbicide composed primarily of

trichlorophenoxyacetic acid and dichlorophenoxyacetic acid.

(2) "Veteran" means a person who served in Vietnam, Cambodia, or

Laos during the Vietnam conflict and was a resident of this

state:

(A) when the person was inducted into the armed forces of the

United States of America; or

(B) on March 31, 1981.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 83.002. REPORTS TO DEPARTMENT. (a) A physician having

primary responsibility for treating a veteran who believes he may

have been exposed to chemical defoliants or herbicides or other

causative agents, including Agent Orange, while serving in the

armed forces of the United States shall, at the request of the

veteran, submit a report to the department.

(b) If there is no physician having primary responsibility for

treating the veteran, the hospital treating the veteran shall, at

the request of the veteran, submit the report to the department.

(c) If there is no physician or hospital treating the veteran,

the veteran may submit the report directly to the department. If

the veteran is deceased, the veteran's next of kin may submit the

report.

(d) A report submitted under this section must be on a form

provided by the department.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 83.003. INFORMATION TO DEPARTMENT. (a) The reporting form

provided by the department to a physician must request the

following information:

(1) symptoms of the veteran that may be related to exposure to a

chemical defoliant or herbicide or other causative agent,

including Agent Orange;

(2) diagnosis of the veteran; and

(3) methods of treatment prescribed.

(b) The reporting form provided by the department to a veteran

or the veteran's next of kin must request the following

information:

(1) symptoms of the veteran that may be related to exposure to a

chemical defoliant or herbicide or other causative agent,

including Agent Orange; and

(2) any other information as determined by the commissioner.

(c) The department may require the veteran to provide other

information as determined by the commissioner.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 83.004. REPORTS BY DEPARTMENT. (a) The department shall

compile and evaluate information submitted under this chapter

into a report to be distributed annually to members of the

legislature, the Veterans Administration, the Texas Veterans

Commission, and other veterans' groups. The report must include

statistical information and current research findings on the

effects of exposure to chemical defoliants or herbicides or other

causative agents, including Agent Orange.

(b) The department shall conduct epidemiological studies on

veterans who have cancer or other medical problems associated

with exposure to a chemical defoliant or herbicide or other

causative agent, including Agent Orange, or who have children

born with birth defects after the veterans' suspected exposure to

a chemical defoliant or herbicide or other causative agent,

including Agent Orange.

(c) The department must obtain consent from each veteran to be

studied under Subsection (b).

(d) The department shall compile and evaluate information

obtained from studies conducted under Subsection (b) into a

report to be distributed as provided by Subsection (a).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 83.005. CONFIDENTIALITY. (a) The identity of a veteran

about whom a report has been made under Section 83.002 or 83.004

may not be disclosed unless the veteran consents to the

disclosure.

(b) Statistical information collected under this chapter is

public information.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 83.006. IMMUNITY FROM LIABILITY. A physician or hospital

reporting in compliance with this chapter is not civilly or

criminally liable for providing the information required by this

chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 83.007. CLASS ACTION SUIT. The attorney general may

represent a class of individuals composed of veterans who may

have been injured because of contact with chemical defoliants or

herbicides or other causative agents, including Agent Orange, in

a suit for release of information relating to exposure to the

chemicals during military service and for release of individual

medical records.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 83.008. ASSISTANCE PROGRAM. (a) The department and the

health science centers and other medical facilities of The

University of Texas System shall institute a cooperative program

to:

(1) refer veterans to appropriate state and federal agencies to

file claims to remedy medical and financial problems caused by

the veterans' exposure to chemical defoliants or herbicides or

other causative agents, including Agent Orange;

(2) provide veterans with cytogenetic, sperm, immunological,

neurological, progeny birth defect, and other appropriate

clinical or laboratory evaluations to determine if the veteran

has suffered physical damage as a result of substantial exposure

to chemical defoliants or herbicides or other causative agents,

including Agent Orange;

(3) provide veterans with genetic counseling; and

(4) refer a veteran's child for further evaluation and treatment

if the child has a birth defect and the suspected cause of the

birth defect is the veteran's exposure to a chemical defoliant or

herbicide or other causative agent, including Agent Orange.

(b) The commissioner shall adopt rules necessary to administer

the program authorized by this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 83.009. CERTAIN CASES EXCLUDED. Sections 83.002 and 83.004

do not apply to veterans treated before January 1, 1982, for

symptoms typical of a person who has been exposed to a chemical

defoliant or herbicide or other causative agent, including Agent

Orange.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 83.010. TERMINATION OF PROGRAMS AND DUTIES. If the

commissioner determines that an agency of the federal government

is performing the referral and screening functions required by

Section 83.008, the commissioner may discontinue any program

required by this chapter or any duty required of a physician or

hospital under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.