Bill Text: TX HB2646 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the disclosure of information regarding communicable diseases to first responders and certain entities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB2646 Detail]
Download: Texas-2015-HB2646-Enrolled.html
H.B. No. 2646 |
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relating to the disclosure of information regarding communicable | ||
diseases to first responders and certain entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 81.046, Health and Safety Code, is | ||
amended by amending Subsections (b), (c), and (f) and adding | ||
Subsections (c-1), (c-2), and (g) to read as follows: | ||
(b) Reports, records, and information relating to cases or | ||
suspected cases of diseases or 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 Subsections (c), (c-1), (d), and (f). | ||
(c) Medical or epidemiological information, including | ||
information linking a person who is exposed to a person with a | ||
communicable disease, may be released: | ||
(1) for statistical purposes if released in a manner | ||
that prevents the identification of any person; | ||
(2) with the consent of each person identified in the | ||
information; | ||
(3) to medical personnel treating the individual, | ||
appropriate state agencies in this state or another state, a health | ||
authority or local health department in this state or another | ||
state, or federal, county, or district courts to comply with this | ||
chapter and related rules relating to the control and treatment of | ||
communicable diseases and health conditions or under another state | ||
or federal law that expressly authorizes the disclosure of this | ||
information; | ||
(4) to appropriate federal agencies, such as the | ||
Centers for Disease Control and Prevention of the United States | ||
Public Health Service, but the information must be limited to the | ||
name, address, sex, race, and occupation of the patient, the date of | ||
disease onset, the probable source of infection, and other | ||
requested information relating to the case or suspected case of a | ||
communicable disease or health condition; [ |
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(5) to medical personnel to the extent necessary in a | ||
medical emergency to protect the health or life of the person | ||
identified in the information; | ||
(6) to governmental entities that provide first | ||
responders who may respond to a situation involving a potential | ||
communicable disease of concern and need the information to | ||
properly respond to the situation; or | ||
(7) to a local health department or health authority | ||
for a designated monitoring period based on the potential risk for | ||
developing symptoms of a communicable disease of concern. | ||
(c-1) A local health department or health authority shall | ||
provide to first responders the physical address of a person who is | ||
being monitored by the local department or authority for a | ||
communicable disease for the duration of the disease's incubation | ||
period. The local health department, health authority, or other | ||
governmental entity, as applicable, shall remove the person's | ||
physical address from any computer-aided dispatch system after the | ||
monitoring period expires. | ||
(c-2) Only the minimum necessary information may be | ||
released under Subsections (c)(6) and (7) and (c-1), as determined | ||
by a health authority, local health department, governmental | ||
entity, or department. | ||
(f) Reports, records, and information relating to cases or | ||
suspected cases of diseases or health conditions may be released to | ||
the extent necessary during a public health disaster, including an | ||
outbreak of a communicable disease, to law enforcement personnel | ||
and first responders solely for the purpose of protecting the | ||
health or life of a first responder or the person identified in the | ||
report, record, or information. Only the minimum necessary | ||
information may be released under this subsection, as determined by | ||
the health authority, the local health department, or the | ||
department. | ||
(g) For purposes of this section, "first responder" has the | ||
meaning assigned by Section 421.095, Government Code. | ||
SECTION 2. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2646 was passed by the House on May | ||
15, 2015, by the following vote: Yeas 121, Nays 6, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2646 was passed by the Senate on May | ||
26, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |