By: Guerra, et al. (Senate Sponsor - Schwertner) H.B. No. 3576
         (In the Senate - Received from the House May 15, 2017;
  May 15, 2017, read first time and referred to Committee on Health &
  Human Services; May 19, 2017, reported favorably by the following
  vote:  Yeas 8, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the investigation of, and release of information
  concerning, communicable disease, including the Zika virus and
  other high consequence communicable diseases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.046(c), Health and Safety Code, as
  amended by Chapters 789 (H.B. 2646) and 1278 (S.B. 1574), Acts of
  the 84th Legislature, Regular Session, 2015, is reenacted and
  amended to read as follows:
         (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, except as provided under Subsection
  (c-3), 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;
               (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; [or]
               (6)  to a designated infection control officer;
               (7) [(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
               (8) [(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.
         SECTION 2.  Section 81.046, Health and Safety Code, is
  amended by adding Subsection (c-3) to read as follows:
         (c-3)  The following medical or epidemiological information
  relating to a person who has or is suspected of having a present or
  potential health condition resulting from exposure to a high
  consequence communicable disease, such as the Zika virus, may be
  released to an appropriate federal agency:
               (1)  the name, address, sex, race, and occupation of
  the person;
               (2)  the date of the onset of the health condition;
               (3)  the probable source of infection or exposure; and
               (4)  other requested information relating to the case
  or suspected case of the infection.
         SECTION 3.  Sections 81.061(a) and (c), Health and Safety
  Code, are amended to read as follows:
         (a)  The department shall investigate the causes and effects
  of communicable disease and methods of prevention.
         (c)  The department may investigate the existence of
  communicable disease in the state to determine the nature and
  extent of the disease and potential effects on the health of
  individuals and to formulate and evaluate the control measures used
  to protect the public health. A person shall provide records and
  other information to the department on request according to the
  department's written instructions.
         SECTION 4.  To the extent of any conflict, this Act prevails
  over another Act of the 85th Legislature, Regular Session, 2017,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 5.  This Act takes effect September 1, 2017.
 
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