CHAPTER 92. INJURY PREVENTION AND CONTROL - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES

CHAPTER 92. INJURY PREVENTION AND CONTROL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 92.001. DEFINITIONS. In this chapter:

(1) "Injury" means damage to the body that results from

intentional or unintentional acute exposure to thermal,

mechanical, electrical, or chemical energy or from the absence of

essentials such as heat or oxygen.

(2) "Reportable injury" means an injury or condition required to

be reported under this subchapter.

(3) "Traumatic brain injury" means an acquired injury to the

brain, including brain injuries caused by anoxia due to near

drowning. The term does not include brain dysfunction caused by

congenital or degenerative disorders or birth trauma.

Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 87.001 by

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.

Renumbered from Health and Safety Code Sec. 88.001 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997. Amended

by Acts 1997, 75th Leg., ch. 893, Sec. 1, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1088, Sec. 3, eff. Sept. 1, 2003.

Sec. 92.002. REPORTABLE INJURY; RULES. (a) Spinal cord

injuries, traumatic brain injuries, and submersion injuries are

reportable to the department. The board by rule shall define

those terms for reporting purposes.

(b) The board may adopt rules that require other injuries to be

reported under this subchapter.

(c) The board shall maintain and revise, as necessary, the list

of reportable injuries.

(d) The board shall adopt rules necessary to administer this

subchapter.

Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 87.002 by

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.

Renumbered from Health and Safety Code Sec. 88.002 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997. Amended

by Acts 1997, 75th Leg., ch. 893, Sec. 2, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1088, Sec. 4, eff. Sept. 1, 2003.

Sec. 92.003. REPORTING REQUIREMENTS. (a) The following persons

shall report cases or suspected cases of reportable injuries to

the department:

(1) a physician who diagnoses or treats a reportable injury; and

(2) a medical examiner or justice of the peace.

(b) The department may contact a physician attending a person

with a case or suspected case of a reportable injury.

(c) The board shall prescribe the form and method of reporting.

The board may require the reports to contain any information,

including the person's name, address, age, sex, race, occupation,

employer, and attending physician, necessary to achieve the

purposes of this subchapter.

Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 87.003 by

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.

Renumbered from Health and Safety Code Sec. 88.003 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997. Amended

by Acts 1997, 75th Leg., ch. 893, Sec. 3, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1088, Sec. 5, eff. Sept. 1, 2003.

Sec. 92.004. POWERS AND DUTIES OF DEPARTMENT. (a) The

department may enter into contracts or agreements as necessary to

carry out this subchapter. The contracts or agreements may

provide for payment by the state for materials, equipment, and

services.

(b) The department may seek, receive, and spend any funds

received through appropriations, grants, donations, or

contributions from public or private sources for the purpose of

identifying, reporting, or preventing those injuries that have

been determined by the board to be harmful or to be a threat to

the public health.

(c) Subject to the confidentiality provisions of this

subchapter, the department shall evaluate the reports of injuries

to establish the nature and magnitude of the hazards associated

with those injuries, to reduce the occurrence of those risks, and

to establish any trends involved.

(d) The department may make inspections and investigations as

authorized by this subchapter and other law.

Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 87.004 by

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.

Renumbered from Health and Safety Code Sec. 88.004 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997. Amended

by Acts 2003, 78th Leg., ch. 1088, Sec. 6, eff. Sept. 1, 2003.

Sec. 92.005. ACCESS TO INFORMATION. Subject to the

confidentiality provisions of this subchapter, the department may

collect, or cause to be collected, medical, demographic, or

epidemiologic information from any medical or laboratory record

or file to help the department in the epidemiologic investigation

of injuries and their causes.

Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 87.005 by

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.

Renumbered from Health and Safety Code Sec. 88.005 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997. Amended

by Acts 2003, 78th Leg., ch. 1088, Sec. 7, eff. Sept. 1, 2003.

Sec. 92.006. CONFIDENTIALITY. (a) All information and records

relating to injuries are confidential, including information from

injury investigations. That information may not be released or

made public on subpoena or otherwise, except that release may be

made:

(1) for statistical purposes, but only if a person is not

identified;

(2) with the consent of each person identified in the

information released; or

(3) to medical personnel in a medical emergency to the extent

necessary to protect the health or life of the named person.

(b) The board shall adopt rules establishing procedures to

ensure that all information and records maintained by the

department under this subchapter are kept confidential and

protected from release to unauthorized persons.

(c) The director, the director's designee, or an employee of the

department may not be examined in a judicial or other proceeding

about the existence or contents of pertinent records of,

investigation reports of, or reports or information about a

person examined or treated for an injury without that person's

consent.

Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 87.006 by

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.

Renumbered from Health and Safety Code Sec. 88.006 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997. Amended

by Acts 2003, 78th Leg., ch. 1088, Sec. 8, eff. Sept. 1, 2003.

Sec. 92.007. INVESTIGATIONS. (a) The department shall

investigate the causes of injuries and methods of prevention.

(b) The director or the director's designee may enter at

reasonable times and inspect within reasonable limits a public

place or building, including a public conveyance, in the

director's duty to prevent an injury.

(c) The director or the director's designee may not enter a

private residence to conduct an investigation about the causes of

injuries without first receiving permission from a lawful adult

occupant of the residence.

Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 87.007 by

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.

Renumbered from Health and Safety Code Sec. 88.007 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997.

Sec. 92.008. TECHNICAL ADVISORY COMMITTEE ON INJURY REPORTING.

(a) The board shall appoint a technical advisory committee to

advise the board of injuries other than spinal cord injuries,

traumatic brain injuries, and submersion injuries that should be

required by rule to be reported under this subchapter.

(b) The technical advisory committee is composed of:

(1) three doctors of medicine or doctors of osteopathic medicine

licensed to practice in this state; and

(2) three hospital representatives, one of whom must be a public

hospital representative.

(c) A technical advisory committee member serves at the pleasure

of the board.

(d) A vacancy on the technical advisory committee is filled by

the board in the same manner as other appointments to the

advisory committee.

(e) A member of the technical advisory committee is not entitled

to reimbursement for expenses incurred in performing duties under

this subchapter.

(f) The technical advisory committee may elect a chairman,

vice-chairman, and secretary from among its members and may adopt

rules to conduct its activities.

(g) The technical advisory committee is entitled to review and

comment on the board's rules under Section 92.002(b) before the

rules are proposed.

Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 87.008 by

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.

Renumbered from Health and Safety Code Sec. 88.008 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997. Amended

by Acts 1997, 75th Leg., ch. 893, Sec. 4, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1088, Sec. 9, eff. Sept. 1, 2003.

Sec. 92.009. COORDINATION WITH TEXAS DEPARTMENT OF INSURANCE.

The department and the Texas Department of Insurance shall enter

into a memorandum of understanding which shall include the

following:

(1) the department and the Texas Department of Insurance shall

exchange relevant injury data on an ongoing basis notwithstanding

Section 92.006;

(2) confidentiality of injury data provided to the department by

the Texas Department of Insurance is governed by Subtitle A,

Title 5, Labor Code;

(3) confidentiality of injury data provided to the Texas

Department of Insurance by the department is governed by Section

92.006; and

(4) cooperation in conducting investigations of work-related

injuries.

Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 87.009 by

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.

Renumbered from Health and Safety Code Sec. 88.009 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997. Amended

by Acts 1997, 75th Leg., ch. 893, Sec. 5, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 6.101, eff. September 1, 2005.

Sec. 92.010. COORDINATION WITH TEXAS REHABILITATION COMMISSION.

The department and the Texas Rehabilitation Commission shall

enter into a memorandum of understanding to:

(1) exchange relevant injury data on an ongoing basis

notwithstanding Section 92.006;

(2) maintain the confidentiality of injury data provided to the

department by the commission in accordance with Section 92.006

and Section 111.057, Human Resources Code; and

(3) cooperate in conducting investigations of spinal cord and

traumatic brain injuries.

Added by Acts 1997, 75th Leg., ch. 893, Sec. 6, eff. Sept. 1,

1997. Renumbered from Sec. 88.010 and amended by Acts 1999, 76th

Leg., ch. 62, Sec. 11.01, eff. Sept. 1, 1999.

Sec. 92.011. COORDINATION WITH TEXAS TRAUMATIC BRAIN INJURY

ADVISORY COUNCIL. (a) The department and the Texas Traumatic

Brain Injury Advisory Council established within the department

under Subchapter B shall:

(1) exchange relevant injury data on an ongoing basis to the

extent allowed by Section 92.006;

(2) maintain the confidentiality of injury data provided to the

council by the department in accordance with Section 92.006;

(3) permit the council to review and comment on the board's

rules under Section 92.002(b) before the rules are proposed; and

(4) cooperate in conducting investigations of traumatic brain

injuries.

(b) The department and the Texas Traumatic Brain Injury Advisory

Council may enter into a memorandum of understanding to

facilitate cooperation under Subsection (a).

Added by Acts 1997, 75th Leg., ch. 893, Sec. 6, eff. Sept. 1,

1997. Renumbered from Sec. 88.011 and amended by Acts 1999, 76th

Leg., ch. 62, Sec. 11.02, eff. Sept. 1, 1999; Acts 2003, 78th

Leg., ch. 1088, Sec. 10, eff. Sept. 1, 2003.

SUBCHAPTER B. TEXAS TRAUMATIC BRAIN INJURY ADVISORY COUNCIL

Sec. 92.051. DEFINITIONS. In this subchapter:

(1) "Traumatic brain injury support group" means a local, state,

or national organization that:

(A) is established to provide support services to aid persons

with a traumatic brain injury and their primary family

caregivers;

(B) encourages research into the cause, prevention, and

treatment of traumatic brain injury and care of persons with a

traumatic brain injury; and

(C) is dedicated to the development of essential services for

persons with a traumatic brain injury and their primary family

caregivers.

(2) "Council" means the Texas Traumatic Brain Injury Advisory

Council.

(3) "Primary family caregiver" means an individual who is a

relative of a person with a traumatic brain injury who has or has

had a major responsibility for the care and supervision of the

person with a traumatic brain injury and who is not a

professional health care provider paid to care for the person

with a traumatic brain injury.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.052. ADVISORY COUNCIL; ASSOCIATED AGENCY. (a) The

Texas Traumatic Brain Injury Advisory Council is an advisory

council within the department.

(b) Notwithstanding Subsection (a), if, as a result of

legislation enacted in the 78th Legislature, Regular Session,

2003, a state agency other than the department is designated to

serve as the agency with primary responsibility in relation to

persons with physical disabilities, the council is an advisory

council within that state agency and a reference in this chapter

to the department means that agency.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.053. MEMBERSHIP. (a) The council must be composed in

accordance with federal law. Appointments to the council shall be

made without regard to:

(1) the race, color, sex, religion, age, or national origin of

the appointees; or

(2) the disability of the appointees, except as required by

federal law.

(b) The council is composed of 22 members appointed as follows:

(1) eight public consumer members appointed by the commissioner

of health and human services, at least three of whom must be

individuals related to persons with a traumatic brain injury and

at least three of whom must be persons with a brain injury;

(2) six professional members appointed by the commissioner of

health and human services, each of whom must have special

training and interest in the care, treatment, or rehabilitation

of persons with a traumatic brain injury, with one representative

each from:

(A) acute hospital trauma units;

(B) the National Institute for Disability Rehabilitation

Research Traumatic Brain Injury Model System in this state;

(C) acute or post-acute rehabilitation facilities;

(D) community-based services;

(E) faculties of institutions of higher education; and

(F) providers in the areas of physical therapy, occupational

therapy, or cognitive rehabilitation; and

(3) eight state agency members, with one representative from

each of the following agencies appointed by the chief executive

officer of the agency:

(A) Texas Department of Health;

(B) Texas Department of Human Services;

(C) Texas Department of Mental Health and Mental Retardation;

(D) Texas Rehabilitation Commission;

(E) Health and Human Services Commission;

(F) Texas Education Agency;

(G) Texas Planning Council for Developmental Disabilities; and

(H) Texas Department of Insurance.

(c) One of the six public consumer members appointed under

Subsection (b)(1) must be a member of a statewide traumatic brain

injury support group.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.054. OFFICERS. (a) The members of the council annually

shall elect a presiding officer and an assistant presiding

officer from the council members.

(b) A representative of a state agency may not serve as

presiding officer or assistant presiding officer.

(c) At least one of the officers must be a public consumer

member.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.055. RESTRICTIONS ON MEMBERS. (a) In this section,

"Texas trade association" means a cooperative and voluntarily

joined association of business or professional competitors in

this state designed to assist its members and its industry or

profession in dealing with mutual business or professional

problems and in promoting their common interest. The term does

not include a voluntary health organization.

(b) A person may not be a public consumer member of the council

if the person or the person's spouse:

(1) is employed by or participates in the management of a

business entity or other organization receiving money from the

council;

(2) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

receiving money from the council; or

(3) uses or receives a substantial amount of tangible goods,

services, or money from the council, other than compensation or

reimbursement authorized by law for council membership,

attendance, or expenses.

(c) A person may not be a member of the council if the person is

an officer, employee, or paid consultant of a Texas trade

association in a health care field.

(d) A person may not be a member of the council if the person is

required to register as a lobbyist under Chapter 305, Government

Code, because of the person's activities for compensation on

behalf of a profession related to the operation of the council.

(e) It is a ground for removal from the council that a member:

(1) does not have at the time of taking office the

qualifications required by Section 92.053(b);

(2) does not maintain during service on the council the

qualifications required by Section 92.053(b);

(3) is ineligible for membership under Subsection (b), (c), or

(d);

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

council meetings that the member is eligible to attend during a

calendar year without an excuse approved by a majority vote of

the council.

(f) The validity of an action of the council is not affected by

the fact that it is taken when a ground for removal of a council

member exists.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.056. TERMS; VACANCY. (a) The public consumer and

professional members of the council are appointed for staggered

six-year terms, with the terms of four or five members expiring

February 1 of each odd-numbered year.

(b) In addition to other methods by which a position may become

vacant, a position on the council becomes vacant if a member

resigns from the council by providing written notice to the

presiding officer of the council.

(c) If a position on the council becomes vacant, the presiding

officer shall provide written notice to the appropriate

appointing official requesting a new appointment to fill the

remainder of the member's term.

(d) If a vacancy occurs, the appropriate appointing official

shall appoint a person, in the same manner as the original

appointment, to serve for the remainder of the unexpired term.

(e) A person who has served one full term on the council is not

eligible for reappointment.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.057. COMPENSATION; EXPENSES. (a) Except as provided by

Subsections (b) and (c), a member of the council is not entitled

to compensation for service on the council and is not entitled to

reimbursement for travel expenses.

(b) A member who is a representative of a state agency shall be

reimbursed for travel expenses incurred while conducting council

business from the funds of the agency the person represents in

accordance with the General Appropriations Act.

(c) If money is available for this purpose in the account

established under Section 92.062(b), the department shall

reimburse a public consumer member for the member's actual and

necessary expenses incurred in performing council duties,

including travel, meals, lodging, respite care for a dependent

with a disability, and telephone long-distance charges.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.058. MEETINGS. The council shall meet at least once

each calendar quarter on meeting dates set by the council and at

the call of the presiding officer.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.059. DUTIES OF THE COUNCIL. The council shall:

(1) inform state leaders of issues and policies as they relate

to meeting the needs of persons with a traumatic brain injury and

their primary family caregivers;

(2) recommend to state leaders policies and programs that more

effectively serve persons with a traumatic brain injury and their

families;

(3) recommend to the department methods to explore and promote

innovative approaches to providing services and support to

persons with a traumatic brain injury and their families;

(4) recommend to the department methods to promote education,

training, and information about traumatic brain injury issues;

(5) advocate for persons with a traumatic brain injury and their

families;

(6) recommend to the department methods to support activities

aimed at reducing preventable brain injuries; and

(7) recommend to the department methods to conduct outreach to

obtain public input.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.060. DUTIES OF THE DEPARTMENT. (a) The department

shall:

(1) provide administrative support services to the council;

(2) accept gifts and grants on behalf of the council from any

public or private entity;

(3) receive, deposit, and disburse gifts and grants for the

council in accordance with this subchapter and provide other

administrative services in support of the council as requested by

and negotiated with the council; and

(4) enter into a memorandum of understanding with the council

that delineates the responsibilities of the department and the

council under this subchapter and amend the memorandum as

necessary to reflect changes in those responsibilities.

(b) The board may adopt rules as necessary to implement the

department's duties under this subchapter and federal

developmental disability laws.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.061. ADDITIONAL COUNCIL DUTIES. The council shall:

(1) make recommendations, at the request of the governor or

legislative leaders, relating to activities appropriate to the

achievement of legislative and executive functions relating to

persons with a traumatic brain injury; and

(2) submit to the governor, legislature, and other appropriate

state and federal authorities periodic reports on the council's

responsibilities and performance.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.062. GIFTS AND GRANTS. (a) The council is encouraged

to seek a gift or grant from any public or private entity.

(b) The health and human services commission shall deposit any

money received under Subsection (a) to the credit of the Texas

Traumatic Brain Injury Advisory Council account. The Texas

Traumatic Brain Injury Advisory Council account is an account in

the general revenue fund that may be appropriated only for the

purpose of carrying out this subchapter.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.

Sec. 92.063. ADVISORY COMMITTEE STATUTE INAPPLICABLE. Chapter

2110, Government Code, does not apply to the council.

Added by Acts 2003, 78th Leg., ch. 1088, Sec. 2, eff. Sept. 1,

2003.