reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter C. Duties of Department; Reporting System › Section 98.1045. Reporting of Preventable Adverse Events

Sec. 98.1045.  REPORTING OF PREVENTABLE ADVERSE EVENTS.  (a)  Each health care facility shall report to the department the occurrence of any of the following preventable adverse events involving the facility's patient:
(1)  a health care-associated adverse condition or event for which the Medicare program will not provide additional payment to the facility under a policy adopted by the federal Centers for Medicare and Medicaid Services; and
(2)  subject to Subsection (b), an event included in the list of adverse events identified by the National Quality Forum that is not included under Subdivision (1).
(b)  The executive commissioner may exclude an adverse event described by Subsection (a)(2) from the reporting requirement of Subsection (a) if the executive commissioner determines that the adverse event is not an appropriate indicator of a preventable adverse event.
(c)  The executive commissioner by rule may designate an agency of the United States Department of Health and Human Services to receive reports of preventable adverse events by health care facilities on behalf of the department.  A health care facility shall authorize the department to have access to facility-specific data contained in a report made in accordance with a designation made under this subsection.
Added by Acts 2009, 81st Leg., R.S., Ch. 724 (S.B. 203), Sec. 2(f), eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.04, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.09(d), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter C. Duties of Department; Reporting System › Section 98.1046. Public Reporting of Certain Potentially Preventable Events for Hospitals

Sec. 98.1046.  PUBLIC REPORTING OF CERTAIN POTENTIALLY PREVENTABLE EVENTS FOR HOSPITALS.  (a)  The department, using data submitted under Chapter 108, shall publicly report for hospitals in this state risk-adjusted outcome rates for those potentially preventable complications and potentially preventable readmissions that the department has determined to be the most effective measures of quality and efficiency.
(b)  The department shall make the reports compiled under Subsection (a) available to the public on the department's Internet website.
(c)  The department may not disclose the identity of a patient or health care professional in the reports authorized in this section.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.05, eff. September 28, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.32, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.14(b), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter C. Duties of Department; Reporting System › Section 98.1047. Studies on Long-Term Care Facility Reporting of Adverse Health Conditions

Sec. 98.1047.  STUDIES ON LONG-TERM CARE FACILITY REPORTING OF ADVERSE HEALTH CONDITIONS.  (a)  The department shall study which adverse health conditions commonly occur in long-term care facilities and, of those health conditions, which are potentially preventable.
(b)  The department shall develop recommendations for reporting adverse health conditions identified under Subsection (a).
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.05, eff. September 28, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.33, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.14(c), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter C. Duties of Department; Reporting System › Section 98.106. Departmental Summary

Sec. 98.106.  DEPARTMENTAL SUMMARY.  (a)  The department shall compile and make available to the public a summary, by health care facility, of:
(1)  the infections reported by facilities under Section 98.103, including whether the infections resulted in the death of the patient while hospitalized; and
(2)  the preventable adverse events reported by facilities under Section 98.1045.
(b)  Information included in the departmental summary with respect to infections reported by facilities under Section 98.103 must be risk adjusted and include a comparison of the risk-adjusted infection rates for each health care facility in this state that is required to submit a report under Section 98.103.
(c)  The department shall publish the departmental summary in a format that is easy to read.
(d)  The department shall publish the departmental summary at least annually and may publish the summary more frequently as the department considers appropriate.  Data made available to the public must include aggregate data covering a period of at least a full calendar quarter.
(e)  The executive commissioner by rule shall allow a health care facility to submit concise written comments regarding information contained in the departmental summary that relates to the facility.  The department shall attach the facility's comments to the public report and the comments must be in the same format as the summary.
(f)  The disclosure of written comments to the department by a health care facility as provided by Subsection (e) does not constitute a waiver of a privilege or protection under Section 98.109.
(g)  The department shall make the departmental summary available on an Internet website administered by the department and may make the summary available through other formats accessible to the public.  The website must contain a statement informing the public of the option to report suspected health care-associated infections and preventable adverse events to the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 359 (S.B. 288), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 724 (S.B. 203), Sec. 2(g), eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.07, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1072 (H.B. 3285), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.09(f), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter C. Duties of Department; Reporting System › Section 98.1065. Study of Incentives and Recognition for Health Care Quality

Sec. 98.1065.  STUDY OF INCENTIVES AND RECOGNITION FOR HEALTH CARE QUALITY.  The department shall conduct a study on developing a recognition program to recognize exemplary health care facilities for superior quality of health care and make recommendations based on that study.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.08, eff. September 28, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.34, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.14(d), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter C. Duties of Department; Reporting System › Section 98.107. Education and Training Regarding Reporting System

Sec. 98.107.  EDUCATION AND TRAINING REGARDING REPORTING SYSTEM.  The department shall provide education and training for health care facility staff regarding this chapter.  The training must be reasonable in scope and focus primarily on:
(1)  the implementation and management of a facility reporting mechanism;
(2)  characteristics of the reporting system, including public reporting by the department and facility reporting to the department;
(3)  confidentiality; and
(4)  legal protections.
Added by Acts 2007, 80th Leg., R.S., Ch. 359 (S.B. 288), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter C. Duties of Department; Reporting System › Section 98.108. Frequency of Reporting

Sec. 98.108.  FREQUENCY OF REPORTING.  (a)  The executive commissioner by rule shall establish the frequency of reporting by health care facilities required under Sections 98.103 and 98.1045.
(b)  Except as provided by Subsection (c), facilities may not be required to report more frequently than quarterly.
(c)  The executive commissioner may adopt rules requiring reporting more frequently than quarterly if more frequent reporting is necessary to meet the requirements for participation in the federal Centers for Disease Control and Prevention's National Healthcare Safety Network.
Added by Acts 2007, 80th Leg., R.S., Ch. 359 (S.B. 288), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 724 (S.B. 203), Sec. 2(h), eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.09, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.09(g), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter C. Duties of Department; Reporting System › Section 98.109. Confidentiality; Privilege

Sec. 98.109.  CONFIDENTIALITY; PRIVILEGE.  (a)  Except as provided by Sections 98.1046, 98.106, and 98.110, all information and materials obtained or compiled or reported by the department under this chapter or compiled or reported by a health care facility under this chapter, and all related information and materials, are confidential and:
(1)  are not subject to disclosure under Chapter 552, Government Code, or discovery, subpoena, or other means of legal compulsion for release to any person; and
(2)  may not be admitted as evidence or otherwise disclosed in any civil, criminal, or administrative proceeding.
(b)  The confidentiality protections under Subsection (a) apply without regard to whether the information or materials are obtained from or compiled or reported by a health care facility or an entity that has an ownership or management interest in a facility.
(b-1)  A state employee or officer may not be examined in a civil, criminal, or special proceeding, or any other proceeding, regarding the existence or contents of information or materials obtained, compiled, or reported by the department under this chapter.
(c)  The transfer of information or materials under this chapter is not a waiver of a privilege or protection granted under law.
(d)  The provisions of this section regarding the confidentiality of information or materials compiled or reported by a health care facility in compliance with or as authorized under this chapter do not restrict access, to the extent authorized by law, by the patient or the patient's legally authorized representative to records of the patient's medical diagnosis or treatment or to other primary health records.
(e)  A department summary or disclosure may not contain information identifying a patient, employee, contractor, volunteer, consultant, health care professional, student, or trainee in connection with a specific incident.
Added by Acts 2007, 80th Leg., R.S., Ch. 359 (S.B. 288), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 724 (S.B. 203), Sec. 2(i), eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.10, eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter C. Duties of Department; Reporting System › Section 98.110. Disclosure Among Certain Agencies

Sec. 98.110.  DISCLOSURE AMONG CERTAIN AGENCIES.
Text of subsection effective until April 01, 2025
(a)  Notwithstanding any other law, the department may disclose information reported by health care facilities under Section 98.103 or 98.1045 to other programs within the department, to the commission, to other health and human services agencies, as defined by Section 531.001, Government Code, and to the federal Centers for Disease Control and Prevention, or any other agency of the United States Department of Health and Human Services, for public health research or analysis purposes only, provided that the research or analysis relates to health care-associated infections or preventable adverse events.  The privilege and confidentiality provisions contained in this chapter apply to such disclosures.
Text of subsection effective on April 01, 2025
(a)  Notwithstanding any other law, the department may disclose information reported by health care facilities under Section 98.103 or 98.1045 to other programs within the department, to the commission, to other health and human services agencies, as defined by Section 521.0001, Government Code, and to the federal Centers for Disease Control and Prevention, or any other agency of the United States Department of Health and Human Services, for public health research or analysis purposes only, provided that the research or analysis relates to health care-associated infections or preventable adverse events.  The privilege and confidentiality provisions contained in this chapter apply to such disclosures.
(b)  If the executive commissioner designates an agency of the United States Department of Health and Human Services to receive reports of health care-associated infections or preventable adverse events, that agency may use the information submitted for purposes allowed by federal law.
Added by Acts 2007, 80th Leg., R.S., Ch. 359 (S.B. 288), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 724 (S.B. 203), Sec. 2(j), eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.11, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0333, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.36, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter C. Duties of Department; Reporting System › Section 98.111. Civil Action

Sec. 98.111.  CIVIL ACTION.  Published infection rates or preventable adverse events may not be used in a civil action to establish a standard of care applicable to a health care facility.
Added by Acts 2007, 80th Leg., R.S., Ch. 359 (S.B. 288), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 724 (S.B. 203), Sec. 2(j), eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter D. Enforcement › Section 98.151. Violations

Sec. 98.151.  VIOLATIONS.  (a)  Except as provided by Subsection (b), a general hospital that violates this chapter or a rule adopted under this chapter is subject to the enforcement provisions of Subchapter C, Chapter 241, and rules adopted and enforced under that subchapter as if the hospital violated Chapter 241 or a rule adopted under that chapter.
(b)  Subsection (a) does not apply to a comprehensive medical rehabilitation hospital as defined in Section 241.003.
(c)  An ambulatory surgical center that violates this chapter or a rule adopted under this chapter is subject to the enforcement provisions of Chapter 243 and rules adopted and enforced under that chapter as if the center violated Chapter 243 or a rule adopted under that chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 359 (S.B. 288), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99 - Open Burn Pit Registry › Section 99.001. Definitions

Sec. 99.001.  DEFINITIONS.  In this chapter:
(1)  "Airborne hazard" means an airborne environmental contaminant, including open burn pit smoke, oil well fire smoke, sand, dust, or other particles, that may cause short-term or long-term health effects to a person exposed to the contaminant.
(2)  "Open burn pit," also known as an "open air burn pit," means a site used for solid waste disposal by burning the waste in the outdoor air without the use of a commercially manufactured incinerator or other equipment specifically designed and manufactured for burning solid waste.
(3)  "Service member" means an individual who is currently serving in:
(A)  the armed forces of the United States;
(B)  an auxiliary service of one of the armed forces of the United States, including the National Guard; or
(C)  the state military forces as defined by Section 431.001, Government Code.
(4)  "Veteran" means an individual who served in:
(A)  the armed forces of the United States;
(B)  an auxiliary service of one of the armed forces of the United States, including the National Guard; or
(C)  the state military forces as defined by Section 431.001, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 153 (H.B. 306), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99 - Open Burn Pit Registry › Section 99.002. Rules; Memorandum of Understanding

Sec. 99.002.  RULES; MEMORANDUM OF UNDERSTANDING.  (a)  The executive commissioner shall adopt the rules necessary to administer this chapter and may enter into a memorandum of understanding with the United States Department of Veterans Affairs as necessary to administer this chapter.
(b)  A memorandum of understanding entered into under Subsection (a) must ensure that the United States Department of Veterans Affairs will maintain the confidentiality of a service member or veteran's personally identifying information that is submitted by the department to the Department of Veterans Affairs under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 153 (H.B. 306), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99 - Open Burn Pit Registry › Section 99.003. Open Burn Pit Registry

Sec. 99.003.  OPEN BURN PIT REGISTRY.  (a)  For outreach and education related to exposure to open burn pit smoke or other airborne hazards by service members and veterans in this state, the department shall create and maintain an open burn pit registry of service members and veterans who were exposed to open burn pit smoke or other airborne hazards during their military service in:
(1)  the Southwest Asia theater of operations on or after August 2, 1990;
(2)  Operation Desert Shield or Desert Storm;
(3)  Djibouti, Africa, on or after September 11, 2001;
(4)  Operation Enduring Freedom, Iraqi Freedom, or New Dawn; or
(5)  any other conflict or theater identified by the United States Department of Veterans Affairs.
(b)  The department shall include for each entry in the open burn pit registry:
(1)  the service member's or veteran's name, address, telephone number, and e-mail address;
(2)  the location of the service member's or veteran's service and the period of service;
(3)  any medical condition or death of the service member or veteran that may be related to exposure to open burn pit smoke or other airborne hazards; and
(4)  any other information that the department or the United States Department of Veterans Affairs considers necessary.
(c)  The department shall:
(1)  share the information included in the department's open burn pit registry with the United States Department of Veterans Affairs Airborne Hazards and Open Burn Pit Registry; and
(2)  electronically link the open burn pit registry created under this chapter with the federal registry.
Added by Acts 2019, 86th Leg., R.S., Ch. 153 (H.B. 306), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99 - Open Burn Pit Registry › Section 99.004. Voluntary Registration

Sec. 99.004.  VOLUNTARY REGISTRATION.  A service member or veteran described by Section 99.003, or a family member of that service member or veteran, may voluntarily register a case of exposure to open burn pit smoke or other airborne hazards with the department for inclusion in the registry.
Added by Acts 2019, 86th Leg., R.S., Ch. 153 (H.B. 306), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99 - Open Burn Pit Registry › Section 99.005. Confidentiality

Sec. 99.005.  CONFIDENTIALITY.  Entries and information obtained under this chapter are confidential and are not subject to disclosure under Chapter 552, Government Code, are not subject to subpoena, and may not otherwise be released or made public except to the United States Department of Veterans Affairs as provided by Section 99.003.
Added by Acts 2019, 86th Leg., R.S., Ch. 153 (H.B. 306), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99 - Open Burn Pit Registry › Section 99.006. Open Burn Pit Information

Sec. 99.006.  OPEN BURN PIT INFORMATION.  The department, with the assistance of the Texas Veterans Commission, shall develop and include on its Internet website information to inform service members, veterans, and their families about the:
(1)  registration and use of the department's open burn pit registry and the United States Department of Veterans Affairs Airborne Hazards and Open Burn Pit Registry;
(2)  most recent scientific developments on the health effects of exposure to open burn pit smoke and other airborne hazards and the status of any illness or condition that is presumed to be caused by exposure to open burn pit smoke or other airborne hazards as designated by the United States Department of Veterans Affairs;
(3)  availability of any treatment offered by the United States Department of Veterans Affairs for an illness or condition that may be caused by exposure to open burn pit smoke or other airborne hazards;
(4)  process for applying to the United States Department of Veterans Affairs for service-related disability compensation for an illness or condition that may be related to exposure to open burn pit smoke or other airborne hazards, including the methods for documenting the illness or condition; and
(5)  manner of appealing to the United States Department of Veterans Affairs an existing service-related disability rating decision or requesting an increased service-related disability rating based on an illness or condition that may be related to exposure to open burn pit smoke or other airborne hazards.
Added by Acts 2019, 86th Leg., R.S., Ch. 153 (H.B. 306), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99 - Open Burn Pit Registry › Section 99.007. Report

Sec. 99.007.  REPORT.  Not later than December 1 of each even-numbered year following the creation of the registry, the department shall submit a report to the appropriate standing committees of the house of representatives and senate that includes:
(1)  an assessment of the effectiveness of collection and maintenance of information on the health effects of exposure to open burn pit smoke and other airborne hazards; and
(2)  any recommendation to improve the collection and maintenance of information about the health effects of exposure to open burn pit smoke and other airborne hazards.
Added by Acts 2019, 86th Leg., R.S., Ch. 153 (H.B. 306), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99 - Open Burn Pit Registry › Section 99.008. Open Burn Pit Registry Fund

Sec. 99.008.  OPEN BURN PIT REGISTRY FUND.  (a)  The open burn pit registry fund is a special fund in the state treasury outside the general revenue fund.  The fund is composed of:
(1)  money transferred to the fund at the direction of the legislature;
(2)  gifts and grants contributed to the fund;
(3)  the earnings of the fund; and
(4)  money deposited to the credit of the fund under Section 504.679, Transportation Code.
(b)  Money in the fund may be appropriated only to the department.  The department may use the money only for the creation and maintenance of the open burn pit registry established under Section 99.003, except that the department may use the money for any other purpose of the department consistent with legislative appropriation of the money if the department finds that the registry is adequately funded and contributions to the fund exceed the amount necessary for the registry to be adequately funded.
Added by Acts 2023, 88th Leg., R.S., Ch. 128 (H.B. 1315), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99A - State Plan for Alzheimer's Disease and Related Disorders › Section 99A.001. Development and Implementation of State Plan

Sec. 99A.001.  DEVELOPMENT AND IMPLEMENTATION OF STATE PLAN.  (a)  The department, using existing resources and programs to the extent possible, shall develop and implement a state plan for education on and treatment of Alzheimer's disease and related disorders.
(b)  The state plan must include strategies for:
(1)  improving early detection of, reducing disease onset risks for, and improving treatment of Alzheimer's disease and related disorders for specific demographic groups;
(2)  educating health care professionals, caregivers, and the public to increase awareness of Alzheimer's disease and related disorders;
(3)  providing caregiver support;
(4)  advancing basic science and applied research related to Alzheimer's disease and related disorders; and
(5)  collecting and evaluating information on efforts to prevent and treat Alzheimer's disease and related disorders.
(c)  The department shall develop the strategies described by Subsection (b)(1) in consultation with physicians and other health care providers licensed in this state who have clinical training and experience in caring for persons with Alzheimer's disease or related disorders.
Added by Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. 999), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(55), eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99A - State Plan for Alzheimer's Disease and Related Disorders › Section 99A.002. Comments From Interested Parties

Sec. 99A.002.  COMMENTS FROM INTERESTED PARTIES.  (a)  In developing the state plan under Section 99A.001, the department shall seek comments from interested parties, including:
(1)  members of the public with, or who care for persons with, Alzheimer's disease or related disorders;
(2)  each state agency that provides services to persons with Alzheimer's disease or related disorders;
(3)  any advisory body that addresses issues related to Alzheimer's disease or related disorders;
(4)  public advocates concerned with issues related to Alzheimer's disease or related disorders;
(5)  physicians and health care providers licensed in this state who have clinical training and experience in caring for persons with Alzheimer's disease or related disorders; and
(6)  researchers of issues affecting persons with Alzheimer's disease or related disorders.
(b)  On request of the department, the commission shall provide information and comments related to services provided to persons with Alzheimer's disease or related disorders.
(c)  The department shall meet with interested parties at least two times each year to:
(1)  facilitate comments on and discuss the progress of developing and implementing the state plan developed under this chapter; and
(2)  gather information for the report required under Section 99A.004.
Added by Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. 999), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(55), eff. September 1, 2021.
Redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.002(10), eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99A - State Plan for Alzheimer's Disease and Related Disorders › Section 99A.003. Review and Modification of State Plan

Sec. 99A.003.  REVIEW AND MODIFICATION OF STATE PLAN.  The department shall conduct a review and modify as necessary the state plan developed under this chapter at least once every five years.
Added by Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. 999), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(55), eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99A - State Plan for Alzheimer's Disease and Related Disorders › Section 99A.004. Report

Sec. 99A.004.  REPORT.  Not later than September 1 of each even-numbered year, the department shall submit to the legislature a report on the development and implementation or the review or modification of the state plan developed under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. 999), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(55), eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99A - State Plan for Alzheimer's Disease and Related Disorders › Section 99A.005. Gifts and Grants

Sec. 99A.005.  GIFTS AND GRANTS.  The department may accept gifts and grants from any source to fund the duties of the department under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. 999), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(55), eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 99A - State Plan for Alzheimer's Disease and Related Disorders › Section 99A.006. No Cause of Action, Duty, Standard of Care, or Liability Created

Sec. 99A.006.  NO CAUSE OF ACTION, DUTY, STANDARD OF CARE, OR LIABILITY CREATED.  Notwithstanding any other law, Section 99A.001, including the use of or failure to use any information or materials developed or disseminated under that section, does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action.
Added by Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. 999), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(55), eff. September 1, 2021.
Redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.002(11), eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 100 - Emerging and Neglected Tropical Diseases › Section 100.001. Definitions

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 758 (H.B. 2055), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 100 - Emerging and Neglected Tropical Diseases › Section 100.002. Confidentiality

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 758 (H.B. 2055), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 100 - Emerging and Neglected Tropical Diseases › Section 100.003. Limitation of Liability

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 758 (H.B. 2055), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 100 - Emerging and Neglected Tropical Diseases › Section 100.004. Cooperation of Governmental Entities

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 758 (H.B. 2055), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 100 - Emerging and Neglected Tropical Diseases › Section 100.005. Sentinel Surveillance 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 758 (H.B. 2055), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 100 - Emerging and Neglected Tropical Diseases › Section 100.006. Data Collection

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 758 (H.B. 2055), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 100 - Emerging and Neglected Tropical Diseases › Section 100.007. Database

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 758 (H.B. 2055), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 100 - Emerging and Neglected Tropical Diseases › Section 100.008. Educational and Informational Materials

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 758 (H.B. 2055), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 100A - Uterine Fibroid Education and Research › Section 100A.001. Uterine Fibroid Database

Sec. 100A.001.  UTERINE FIBROID DATABASE.  (a)  Using available data collected by the department under Chapter 108, the department's Center for Health Statistics shall establish and maintain an electronic database of information related to uterine fibroids to increase awareness about uterine fibroids and ensure women receive the information and health care necessary to prevent and treat the condition.  The database must include the:
(1)  demographic attributes of women diagnosed with uterine fibroids; and
(2)  treatments for uterine fibroids used by health care providers.
(b)  Information regarding a woman who is diagnosed with or treated for uterine fibroids that is collected by the department and maintained in the database under Subsection (a):
(1)  may not include any personally identifying information of the woman; and
(2)  is confidential and may be used only by the department or other person on behalf of the department for uterine fibroid research.
Added by Acts 2021, 87th Leg., R.S., Ch. 480 (H.B. 1967), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 100A - Uterine Fibroid Education and Research › Section 100A.002. Uterine Fibroid Education

Sec. 100A.002.  UTERINE FIBROID EDUCATION.  The department, in consultation with the Texas Medical Association, shall identify and post on the department's Internet website existing resources and educational materials on uterine fibroids to increase public awareness of uterine fibroids, including information on and awareness of the:
(1)  women of a race or ethnicity that has a statistically elevated risk of developing uterine fibroids; and
(2)  range of available treatment options for uterine fibroids that include non-hysterectomy treatments and procedures.
Added by Acts 2021, 87th Leg., R.S., Ch. 480 (H.B. 1967), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.001. Definitions

Sec. 101.001.  DEFINITIONS.  In this chapter:
(1)  "Alzheimer's disease and related disorders support group" means a local, state, or national organization that:
(A)  is established to provide support services to aid persons with Alzheimer's disease and related disorders and their caregivers;
(B)  encourages research into the cause, prevention, treatment, and care of persons with Alzheimer's disease and related disorders; and
(C)  is dedicated to the development of essential services for persons with Alzheimer's disease and related disorders and their caregivers.
(2)  "Council" means the Texas Council on Alzheimer's Disease and Related Disorders.
(3)  "Primary family caregiver" means an individual who is a relative of a person with Alzheimer's disease or related disorders, who has or has had a major responsibility for care and supervision of the person, and who is not a professional health care provider paid to care for the person.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0334, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.002. Composition of Council

Sec. 101.002.  COMPOSITION OF COUNCIL.  (a)  The Texas Council on Alzheimer's Disease and Related Disorders is composed of:
(1)  five public members, one of whom is an individual related to a person with Alzheimer's disease or related disorders but who is not a primary family caregiver, one of whom is a primary family caregiver, two of whom are members of an Alzheimer's disease and related disorders support group, and one of whom is an interested citizen;
(2)  seven professional members with special training and interest in Alzheimer's disease and related disorders, with one representative each from nursing facilities, physicians, nurses, public hospitals, private hospitals, home health agencies, and faculty of institutions of higher education; and
(3)  the representative from the commission, department, and Department of Aging and Disability Services designated by the executive commissioner or commissioner of each agency, as applicable.
(b)  The governor shall appoint two public members and two professional members, the lieutenant governor shall appoint two public members and two professional members, and the speaker of the house of representatives shall appoint one public member and three professional members.
(c)  The governor shall designate a member of the council who is not an agency representative as the chairman of the council to serve in that capacity at the will of the governor.
(d)  Appointments to the council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 10.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0335, eff. April 2, 2015.