S.B. No. 143
 
 
 
 
AN ACT
  relating to fetal and infant mortality review and health warnings
  related to fetal and infant mortality; imposing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 8, Health and Safety Code, is
  amended by adding Chapter 674 to read as follows:
  CHAPTER 674.  FETAL AND INFANT MORTALITY REVIEW
         Sec. 674.001.  DEFINITIONS.  In this chapter:
               (1)  "Decedent" means:
                     (A)  a person for whom a fetal death certificate
  must be filed; or
                     (B)  a deceased infant.
               (2)  "Fetal death certificate" means a death
  certificate filed for any fetus weighing 350 grams or more or, if
  the weight is unknown, a fetus age 20 weeks or more as calculated
  from the start date of the last normal menstrual period to the date
  of delivery.
               (3)  "Health care provider" means any health care
  practitioner or facility that provides medical evaluation or
  treatment, including mental health evaluation or treatment.
               (4)  "Infant" means a child younger than one year of
  age.
               (5)  "Local health authority" means:
                     (A)  a municipal or county health authority;
                     (B)  a director of a local health department or
  public health district; or
                     (C)  a regional director of a public health
  region.
               (6)  "Review" means a reexamination of information
  regarding a decedent from relevant agencies, professionals, health
  care providers, and the family of the decedent.
               (7)  "Review team" means the fetal and infant mortality
  review team.
         Sec. 674.002.  REVIEW TEAM.  (a)  A fetal and infant
  mortality review team may be established only:
               (1)  by a local health authority or other local health
  official or by the Department of State Health Services; or
               (2)  under a contract or in accordance with a
  memorandum of agreement with a local health authority or other
  local health official or the Department of State Health Services.
         (b)  Local health authorities or other local health
  officials for two or more adjacent counties or municipalities may
  join to establish a joint review team.
         (c)  A review team must be composed of culturally diverse
  members representing multiple disciplines, including professionals
  and representatives of agencies that provide services or community
  resources for families in the community and community
  representatives.  The review team may include:
               (1)  a physician, including a pediatrician, an
  obstetrician, or a physician practicing in another relevant
  specialty;
               (2)  a registered nurse;
               (3)  a certified nurse-midwife or licensed midwife;
               (4)  a county attorney or a designee of a county
  attorney;
               (5)  a representative of a school district;
               (6)  a representative of the local health department;
               (7)  a forensic pathologist;
               (8)  a mental health professional;
               (9)  a representative from a local hospital;
               (10)  a local registrar of births and deaths;
               (11)  a person working in a supervisory position in
  local administration of the state Medicaid program;
               (12)  a person working with local implementation of the
  Special Supplemental Nutrition Program for Women, Infants, and
  Children;
               (13)  an educator;
               (14)  a pastoral counselor;
               (15)  a member of the health committee of a chamber of
  commerce; and
               (16)  other community representatives.
         (d)  Members of a review team may select additional members
  according to the resources of the review team and its needs.
         (e)  The review team shall select a presiding officer from
  its members.
         (f)  A local health authority or other local health official
  or the Department of State Health Services is not required to
  establish a review team for a particular municipality or county.
         Sec. 674.003.  PURPOSE AND POWERS AND DUTIES OF REVIEW TEAM.  
  (a)  The purpose of a review team is to:
               (1)  improve the health and well-being of women,
  infants, and families;
               (2)  reduce racial disparities in the rates of and the
  overall rates of fetal and infant mortality;
               (3)  facilitate the operations of the review team and
  train review team members on the review team process; and
               (4)  develop and deliver reports of findings to the
  community.
         (b)  For a death or fetal death subject to review, the review
  team shall collect information relating to the death of the
  decedent, including medical, dental, and mental health care records
  or information, autopsy reports, social services records, and other
  pertinent records related to the decedent and the family of the
  decedent.
         (c)  Before review at a meeting of the review team, the names
  and addresses of the decedent and the decedent's family and the name
  and address of each health care provider that provided services to
  the decedent or decedent's family shall be removed from information
  collected under Subsection (b).  A summary of the information, with
  the identifying information described by this subsection removed,
  shall be prepared for consideration of the review team.
         (d)  The review team shall:
               (1)  compile statistics of fetal and infant mortality;
               (2)  analyze the causes of fetal and infant mortality;
  and
               (3)  recommend measures to decrease fetal and infant
  mortality to a community action team formed for this purpose or to
  state or local governmental officials or other appropriate members
  of the community.
         Sec. 674.004.  GOVERNMENTAL UNIT.  A review team is a
  governmental unit for purposes of Chapter 101, Civil Practice and
  Remedies Code.  A review team is a unit of local government under
  that chapter.
         Sec. 674.005.  MEETINGS.  (a)  Meetings of a review team are
  closed to the public and are not subject to Chapter 551, Government
  Code.
         (b)  A member of a review team participating in the review of
  a death or fetal death, and any person employed by or acting in an
  advisory capacity to the review team and who provides counsel or
  services to the review team, are immune from civil or criminal
  liability arising from information presented in a review team
  meeting or recommendations resulting from the meeting.
         Sec. 674.006.  DISCLOSURE OF INFORMATION TO REVIEW TEAM.  
  (a)  A review team may request information regarding a decedent or
  the decedent's family as necessary to carry out the review team's
  purpose and duties, including any information described by Section
  674.003(b).
         (b)  On the request of the review team, a health care
  provider or other custodian of the requested information shall
  provide the information to the review team.  The information shall
  be provided without the authorization of the decedent's parent,
  guardian, or other representative.
         (c)  A health care provider or other person who provides
  information to a review team is not subject to a civil action for
  damages or other relief as a result of having provided the
  information.  This subsection does not apply if the information
  provided was false and the health care provider or other person knew
  or had reason to know that the information was false.
         Sec. 674.007.  CONFIDENTIALITY OF RECORDS; PRIVILEGE.  
  (a)  Information is confidential for purposes of this chapter if
  the disclosure of the information would compromise the privacy of
  the decedent or the decedent's family.  Confidential information
  includes any information pertaining to the decedent's death.
         (b)  Confidential information that is acquired by the review
  team and that permits the identification of an individual or health
  care provider is privileged and may not be disclosed to any person
  except to the extent necessary to carry out the purposes of the
  review team.  Information that may not be disclosed under this
  subsection includes:
               (1)  names and addresses of the decedent or the
  decedent's family;
               (2)  services received by the decedent or the
  decedent's family;
               (3)  the social and economic condition of the decedent
  or the decedent's family;
               (4)  medical, dental, and mental health care
  information related to the decedent or the decedent's family,
  including diagnoses, conditions, diseases, or disability; and
               (5)  the identity of health care providers that
  provided services to the decedent or the decedent's family.
         (c)  Review team work product and information obtained by a
  review team, including files, records, reports, records of
  proceedings, recommendations, meeting notes, records of
  interviews, statements, and memoranda, are confidential and are not
  subject to disclosure under Chapter 552, Government Code.  This
  subsection does not prevent a review team from releasing
  information described by Subsection (d) or (e).
         (d)  Information is not confidential under this section if
  the information is general information that cannot be connected
  with any specific individual, case, or health care provider, such
  as:
               (1)  total expenditures made for specified purposes;
               (2)  the number of families served by particular health
  care providers or agencies;
               (3)  aggregated data on social and economic conditions;
               (4)  medical data and information related to health
  care services that do not include any identifying information
  relating to a decedent or the decedent's family; and
               (5)  other statistical information.
         (e)  A review team may publish statistical studies and
  research reports based on information that is confidential under
  this section, provided that the information published may not
  identify a decedent or the decedent's family and may not include any
  information that could be used to identify a decedent or the
  decedent's family.
         (f)  A review team shall adopt and follow practices and
  procedures to ensure that information that is confidential under
  this section is not disclosed in violation of this section.
         Sec. 674.008.  IMMUNITY FROM SUBPOENA AND DISCOVERY.  
  (a)  Review team work product and information obtained by a review
  team, including files, records, reports, records of proceedings,
  recommendations, meeting notes, records of interviews, statements,
  and memoranda, are privileged, are not subject to subpoena or
  discovery, and may not be introduced into evidence in any civil or
  criminal proceeding against a member of the family of a decedent or
  a health care provider.
         (b)  A document or other information that is otherwise
  available from another source is not protected from subpoena,
  discovery, or introduction into evidence under Subsection (a)
  solely because the document or other information was presented
  during a meeting of a review team or because a record of the
  document or other information is maintained by the review team.
         Sec. 674.009.  UNAUTHORIZED DISCLOSURE BY REVIEW TEAM
  MEMBER; OFFENSE.  (a)  A person commits an offense if the person is
  a member of a review team and the person knowingly:
               (1)  discloses confidential information in violation
  of Section 674.007; or
               (2)  inspects confidential information without
  authority granted in accordance with procedures established by the
  review team.
         (b)  An offense under Subsection (a) is a Class A
  misdemeanor.
         Sec. 674.010.  IMMUNITY.  A member of a review team is not
  liable for damages to a person for an action taken or a
  recommendation made within the scope of the functions of the review
  team if the member acts without malice and in the reasonable belief
  that the action or recommendation is warranted by the facts known to
  the review team member.
         Sec. 674.011.  INAPPLICABILITY OF CHAPTER.  This chapter
  does not apply to disclosure of records pertaining to voluntary or
  therapeutic termination of pregnancy, and those records may not be
  disclosed under this chapter.
         SECTION 2.  Section 161.084, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (f) to
  read as follows:
         (b)  The sign must include the statement:
         PURCHASING OR ATTEMPTING TO PURCHASE TOBACCO PRODUCTS BY A
  MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. SALE OR PROVISION
  OF TOBACCO PRODUCTS TO A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED
  BY LAW. UPON CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF
  UP TO $500, MAY BE IMPOSED.  VIOLATIONS MAY BE REPORTED TO THE TEXAS
  COMPTROLLER'S OFFICE BY CALLING (insert toll-free telephone
  number). PREGNANT WOMEN SHOULD NOT SMOKE. SMOKERS ARE MORE LIKELY
  TO HAVE BABIES WHO ARE BORN PREMATURE OR WITH LOW BIRTH WEIGHT.
         (f)  The comptroller may accept gifts or grants from any
  public or private source to perform the comptroller's duties under
  this section.
         SECTION 3.  The comptroller of public accounts shall adopt
  rules as necessary to implement Section 161.084, Health and Safety
  Code, as amended by this Act, not later than the 90th day after the
  effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 143 passed the Senate on
  March 28, 2007, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 21, 2007, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 143 passed the House, with
  amendment, on May 15, 2007, by the following vote: Yeas 142,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor