H.B. No. 2055
 
 
 
 
AN ACT
  relating to the establishment of a sentinel surveillance program
  for emerging and neglected tropical diseases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is
  amended by adding Chapter 100 to read as follows:
  CHAPTER 100. EMERGING AND NEGLECTED TROPICAL DISEASES
         Sec. 100.001.  DEFINITIONS.  In this chapter:
               (1)  "Emerging disease" means a disease that is
  appearing in a specific population for the first time or that is
  increasing in incidence or geographic range.
               (2)  "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 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.
               (3)  "Local health unit" has the meaning assigned by
  Section 121.004.
               (4)  "Neglected tropical disease" means a parasitic or
  bacterial disease that:
                     (A)  occurs solely or principally in the tropics;
                     (B)  is largely endemic in the developing world;
  and
                     (C)  has a potential to spread through
  international travel or trade.
         Sec. 100.002.  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 in the possession of the
  department under this chapter 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 shall release medical, epidemiological,
  or toxicological information:
               (1)  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 individuals infected with an emerging or neglected
  tropical disease; or
               (2)  to appropriate federal agencies, such as the
  Centers for Disease Control and Prevention of the United States
  Public Health Service.
         (d)  The department may release medical, epidemiological, or
  toxicological information for statistical purposes, if released in
  a manner that prevents the identification of any person.
         Sec. 100.003.  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.
         Sec. 100.004.  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 program.
         Sec. 100.005.  SENTINEL SURVEILLANCE PROGRAM.  (a)  The
  executive commissioner shall establish in the department a program
  to:
               (1)  identify by sentinel surveillance individuals
  infected with emerging or neglected tropical diseases;
               (2)  maintain a central database of
  laboratory-confirmed cases of emerging and neglected tropical
  diseases; and
               (3)  use the information in the database to investigate
  the incidence, prevalence, and trends of emerging and neglected
  tropical diseases.
         (b)  In establishing the sentinel surveillance program for
  emerging and neglected tropical diseases, the executive
  commissioner shall consider:
               (1)  the location of health facilities that collect
  locally emerging and neglected tropical disease information; and
               (2)  the use, privacy, and security 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:
               (1)  specify a system for selecting the demographic
  areas in which the department collects information; and
               (2)  identify the specific emerging and neglected
  tropical diseases that are included in the sentinel surveillance
  program and the manner in which diseases will be added to the
  program as necessary to reflect changing conditions.
         Sec. 100.006.  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 in the facility's or professional's custody or control
  that relates to an occurrence of an emerging or neglected tropical
  disease.
         (b)  The department shall reimburse a health facility or
  health professional for the actual costs incurred by the facility
  or professional in making copies of medical records or other
  information available to the department.
         (c)  The executive commissioner by rule shall prescribe the
  manner in which information is reported to the department.
         Sec. 100.007.  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 emerging and neglected tropical diseases and other
  health conditions; and
               (2)  provide information and education to providers on
  the incidence of emerging and neglected tropical diseases.
         Sec. 100.008.  EDUCATIONAL AND INFORMATIONAL MATERIALS. The
  department shall make available to health facilities and health
  professionals:
               (1)  educational and informational materials
  concerning emerging and neglected tropical diseases; and
               (2)  information on the importance of monitoring and
  surveilling emerging and neglected tropical diseases.
         SECTION 2.  Not later than November 1, 2015, the executive
  commissioner of the Health and Human Services Commission shall
  adopt rules as required by Section 100.005, Health and Safety Code,
  as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2055 was passed by the House on May 8,
  2015, by the following vote:  Yeas 138, Nays 4, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2055 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor