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AN ACT
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relating to certain public health data maintained by the Department |
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of State Health Services and shared with certain local health |
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entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 1001, Health and Safety |
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Code, is amended by adding Section 1001.089 to read as follows: |
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Sec. 1001.089. PUBLIC HEALTH DATA. (a) In this section: |
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(1) "Essential public health services" has the meaning |
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assigned by Section 121.002. |
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(2) "Local public health entity" means a local health |
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unit, local health department, or public health district. |
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(b) Notwithstanding Sections 81.103, 82.009, 88.002(b), |
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92.006, and 192.002(b), the department may enter into an agreement |
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with a local public health entity that provides essential public |
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health services to provide the entity access to: |
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(1) identified public health data relating to the |
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entity's jurisdiction and any public health data relating to a |
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jurisdiction contiguous to the entity; and |
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(2) deidentified public health data maintained by the |
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department relating to the jurisdiction of any other local public |
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health entity. |
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(c) The public health data obtained through the agreement |
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may be used only in the provision of essential public health |
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services. |
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(d) Access to public health data includes necessary |
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identified public health data required for an infectious disease |
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investigation conducted under Chapter 81. |
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(e) For any public health data request that is not subject |
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to Subsection (b), (c), or (d) and except as provided by Subsection |
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(f), the department shall establish a review process for the |
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consideration of public health data requests relating to essential |
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public health services or public health research. The process must |
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evaluate: |
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(1) the public health benefit and purpose of the |
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request; |
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(2) the privacy of the individuals whose data is |
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requested; |
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(3) the management of the data by the requestor, |
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including management of public health data released to the |
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requestor in previous requests; and |
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(4) other relevant law. |
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(f) A local public health entity seeking public health data |
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for human subject research purposes must submit a request to the |
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department's institutional review board for review and |
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consideration. |
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(g) A local public health entity receiving public health |
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data from the department under this section shall: |
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(1) maintain the integrity and security of the data; |
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and |
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(2) comply with state and federal privacy laws. |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall adopt rules to implement Section |
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1001.089(e), Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3704 was passed by the House on May 3, |
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2019, by the following vote: Yeas 134, Nays 6, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3704 on May 24, 2019, by the following vote: Yeas 136, Nays 3, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3704 was passed by the Senate, with |
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amendments, on May 21, 2019, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |