CHAPTER 96. RESPIRATORY SYNCYTIAL VIRUS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES

CHAPTER 96. RESPIRATORY SYNCYTIAL VIRUS

Sec. 96.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of State Health Services.

(2) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

(3) "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 of State Health Services 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.

(4) "Local health unit" has the meaning assigned by Section

121.004.

(5) "RSV" means respiratory syncytial virus.

Added by Acts 2005, 79th Leg., Ch.

152, Sec. 1, eff. September 1, 2005.

Sec. 96.002. 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 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 may release medical, epidemiological, or

toxicological information:

(1) for statistical purposes, if released in a manner that

prevents the identification of any person;

(2) 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

children with RSV; or

(3) to appropriate federal agencies, such as the Centers for

Disease Control and Prevention of the United States Public Health

Service.

Added by Acts 2005, 79th Leg., Ch.

152, Sec. 1, eff. September 1, 2005.

Sec. 96.003. 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.

Added by Acts 2005, 79th Leg., Ch.

152, Sec. 1, eff. September 1, 2005.

Sec. 96.004. 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 sentinel surveillance

program.

Added by Acts 2005, 79th Leg., Ch.

152, Sec. 1, eff. September 1, 2005.

Sec. 96.005. SENTINEL SURVEILLANCE PROGRAM. (a) The executive

commissioner shall establish in the department a program to:

(1) identify by sentinel surveillance RSV infection in children;

and

(2) maintain a central database of laboratory-confirmed cases of

RSV that can be used to investigate the incidence, prevalence,

and trends of RSV.

(b) In establishing the sentinel surveillance program for RSV,

the executive commissioner shall consider:

(1) the number and geographic distribution of children in the

state;

(2) the location of health facilities that collect RSV

information locally; and

(3) the use 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 specify a system for selecting the

demographic areas in which the department collects information.

Added by Acts 2005, 79th Leg., Ch.

152, Sec. 1, eff. September 1, 2005.

Sec. 96.006. 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 that is in the facility's or professional's custody

or control and that relates to an occurrence of RSV.

(b) The executive commissioner by rule shall prescribe the

manner in which data are reported to the department.

Added by Acts 2005, 79th Leg., Ch.

152, Sec. 1, eff. September 1, 2005.

Sec. 96.007. 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

RSV and other health conditions; and

(2) provide information and education to providers on the

incidence of RSV infection.

Added by Acts 2005, 79th Leg., Ch.

152, Sec. 1, eff. September 1, 2005.