reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.00735. Release and Receipt of Registry Data in Disaster

Sec. 161.00735.  RELEASE AND RECEIPT OF REGISTRY DATA IN DISASTER.  (a)  In this section, "disaster" means a disaster declared by the president of the United States, the governor of this state, or the governor of another state.
(b)  If the department determines that residents of this state have evacuated or relocated to another state in response to a disaster, the department may release registry data, except registry data obtained under Section 161.00705, to the appropriate health authority of that state or to local health authorities in that state.
(c)  The department may receive immunization information from a health authority of another state or from a local health authority in another state if the department determines that residents of that state have evacuated or relocated to this state in response to a disaster.  The department shall include information received under this subsection in the registry.  Notwithstanding Section 161.007, the department is not required to obtain written consent for the inclusion in the registry of information received under this subsection.
(d)  Immunization information received under Subsection (c) is subject to Section 161.0073, and may not be released except as authorized by this chapter.
(e)  The executive commissioner by rule shall determine the period during which the information collected under Subsection (c) must remain in the immunization registry following the end of the disaster.
(f)  Unless an individual or, if a child, the child's parent, managing conservator, or guardian consents in writing to continued inclusion of the individual's or child's information in the registry, the department shall remove the immunization records collected under Subsection (c) from the registry on the expiration of the period prescribed by Subsection (e).
(g)  If an individual or, if a child, the child's parent, managing conservator, or guardian requests in writing that the individual's or child's information obtained under Subsection (c) be removed from the registry, the department shall remove that information from the registry.
(h)  The executive commissioner shall make every effort to enter into a memorandum of agreement with each state to which residents of this state are likely to evacuate in a disaster on:
(1)  the release and use of registry information under this section to the appropriate health authority or local health authority of that state, including the length of time the information may be retained by that state; and
(2)  the receipt and use of information submitted by the health authority or local health authority of that state for inclusion in the registry under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 35 (S.B. 347), Sec. 5, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0463, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0074. Report to Legislature

Sec. 161.0074.  REPORT TO LEGISLATURE.  (a)  The department shall report to the Legislative Budget Board, the governor, the lieutenant governor, the speaker of the house of representatives, and appropriate committees of the legislature not later than September 30 of each even-numbered year.
(b)  The department shall use the report required under Subsection (a) to develop ways to increase immunization rates using state and federal resources.
(c)  The report must:
(1)  include the current immunization rates by geographic region of the state, where available;
(2)  focus on the geographic regions of the state with immunization rates below the state average for preschool children;
(3)  describe the approaches identified to increase immunization rates in underserved areas and the estimated cost for each;
(4)  identify changes to department procedures needed to increase immunization rates;
(5)  identify the services provided under and provisions of contracts entered into by the department to increase immunization rates in underserved areas;
(6)  identify performance measures used in contracts described by Subdivision (5);
(7)  include the number and type of exemptions used in the past year;
(8)  include the number of complaints received by the department related to the department's failure to comply with requests for exclusion of individuals from the registry;
(9)  identify all reported incidents of discrimination for requesting exclusion from the registry or for using an exemption for a required immunization; and
(10)   include ways to increase provider participation in the registry.
(11)  Expired.
(d)  If a public health disaster was declared under Chapter 81 during the preceding two years, in addition to the information required under Subsection (c), for immunizations that immunize an individual against the communicable disease subject to the declaration the report must:
(1)  include information by county on the accessibility to the immunizations of county residents by age, race, and geographic location, provided the information does not personally identify any individual;
(2)  identify and assess disparities in access to the immunizations by age, race, and geographic location, including an assessment of immunization accessibility in each county;
(3)  include the estimated economic benefit to this state of reducing disparities in immunization accessibility;
(4)  include recommendations for reducing disparities in immunization accessibility; and
(5)  include recommendations for legislative action to increase immunization rates.
Added by Acts 2003, 78th Leg., ch. 1081, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 611 (S.B. 1353), Sec. 1, eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0075. Immunity From Liability

Sec. 161.0075.  IMMUNITY FROM LIABILITY.  Except as provided by Section 161.009, the following persons subject to this subchapter that act in compliance with Sections 161.007, 161.00705, 161.00706, 161.0071, 161.0073, 161.0074, and 161.008 are not civilly or criminally liable for furnishing the information required under this subchapter:
(1)  a payor;
(2)  a health care provider who administers immunizations; and
(3)  an employee of the department.
Added by Acts 2003, 78th Leg., ch. 1081, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 12.05, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0076. Compliance With Federal Law

Sec. 161.0076.  COMPLIANCE WITH FEDERAL LAW.  If the provisions of this chapter relating to the use or disclosure of information in the registry are more stringent than the Health Insurance Portability and Accountability Act and Privacy Standards, as defined by Section 181.001, then the use or disclosure of information in the registry is governed by this chapter.
Added by Acts 2003, 78th Leg., ch. 1081, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0085. Covid-19 Vaccine Passports Prohibited

Sec. 161.0085.  COVID-19 VACCINE PASSPORTS PROHIBITED.  (a)  In this section, "COVID-19" means the 2019 novel coronavirus disease.
(b)  A governmental entity in this state may not issue a vaccine passport, vaccine pass, or other standardized documentation to certify an individual's COVID-19 vaccination status to a third party for a purpose other than health care or otherwise publish or share any individual's COVID-19 immunization record or similar health information for a purpose other than health care.
(c)  A business in this state may not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the business.  A business that fails to comply with this subsection is not eligible to receive a grant or enter into a contract payable with state funds.
(d)  Notwithstanding any other law, each appropriate state agency shall ensure that businesses in this state comply with Subsection (c) and may require compliance with that subsection as a condition for a license, permit, or other state authorization necessary for conducting business in this state.
(e)  This section may not be construed to:
(1)  restrict a business from implementing COVID-19 screening and infection control protocols in accordance with state and federal law to protect public health; or
(2)  interfere with an individual's right to access the individual's personal health information under federal law.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 14, eff. June 16, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.009. Penalties for Disclosure of Information

Sec. 161.009.  PENALTIES FOR DISCLOSURE OF INFORMATION.  (a)  A person commits an offense if the person:
(1)  negligently releases or discloses immunization registry information in violation of Section 161.007, 161.0071, 161.0073, or 161.008;
(2)  fails to exclude an individual's immunization information in violation of Section 161.0071;
(3)  fails to remove a person's immunization information in violation of Section 161.00705, 161.00706, or 161.00735; or
(4)  negligently uses information in the immunization registry to solicit new patients or clients or for other purposes that are not associated with immunization or quality-of-care purposes, unless authorized under this section.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 1997, 75th Leg., ch. 900, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1081, Sec. 5.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 12.06, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 9 (S.B. 346), Sec. 9, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 35 (S.B. 347), Sec. 6, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0095. Education Programs and Information

Sec. 161.0095.  EDUCATION PROGRAMS AND INFORMATION.  (a)  The department shall develop:
(1)  continuing education programs for health care providers relating to immunizations and the vaccines for children program operated by the department under authority of 42 U.S.C. Section 1396s; and
(2)  educational information, for health care providers, health care clinics, hospitals, and any other health care facility that provides health care to children 14 to 18 years of age, relating to the immunization registry and the option for an individual who is 18 years of age or older to consent to submission and retention of the individual's information in the immunization registry.
Text of subsection effective until April 01, 2025
(b)  The department shall establish a work group to assist the department in developing the continuing education programs and educational information.  The work group shall include physicians, nurses, department representatives, representatives of managed care organizations that provide health care services under Chapter 533, Government Code, representatives of health plan providers that provide health care services under Chapter 62, and members of the public.
Text of subsection effective on April 01, 2025
(b)  The department shall establish a work group to assist the department in developing the continuing education programs and educational information.  The work group shall include physicians, nurses, department representatives, representatives of managed care organizations that provide health care services under Chapter 540 or 540A, Government Code, as applicable, representatives of health plan providers that provide health care services under Chapter 62, and members of the public.
Added by Acts 2003, 78th Leg., ch. 613, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 9 (S.B. 346), Sec. 10, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.41, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.010. Immunization Education; Statewide Coalition

Sec. 161.010.  IMMUNIZATION EDUCATION;  STATEWIDE COALITION.  (a)  The department shall establish a continuous statewide education program to educate the public about the importance of immunizing children and the risks and contraindications of an immunization.
(b)  The department shall increase coordination among public and private local, regional, and statewide entities that have an interest in immunizations.
Added by Acts 2003, 78th Leg., ch. 125, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.01035. Provider Choice System

Sec. 161.01035.  PROVIDER CHOICE SYSTEM.  (a)  The department shall implement a provider choice system for the vaccines for children program operated by the department under authority of 42 U.S.C. Section 1396s and the adult safety net vaccination program.
(b)  The department shall ensure that eligible health care providers participating in the vaccines for children program or the adult safety net vaccination program may select any licensed vaccine, including combination vaccines and any dosage forms that:
(1)  are recommended by the federal Advisory Committee on Immunization Practices;
(2)  are made available to the department by the Centers for Disease Control and Prevention of the United States Public Health Service; and
(3)  for adult vaccines, are on the department-approved list of vaccines offered by the adult safety net vaccination program.
(c)  For the purposes of this section, "equivalent vaccines" means two or more vaccines, excluding the influenza vaccine, that meet all of the following:
(1)  protect a recipient of a vaccine against the same infection or infections;
(2)  require the same number of doses;
(3)  have similar safety and efficacy profiles; and
(4)  are recommended for comparable populations by the Centers for Disease Control and Prevention of the United States Public Health Service.
(d)  The department shall provide a vaccine selected by a health care provider under Subsection (b) only if the cost to the department of providing the vaccine is not more than 115 percent of the lowest-priced equivalent vaccine.
(e)  This section does not apply in the event of a disaster or public health emergency, terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency.
(f)  The department shall convene the immunization work group established under Section 161.0095 and solicit its recommendations regarding development of a plan for the implementation of the provider choice system under this section.  The plan shall include the education of participating health care providers about:
(1)  procedures and distribution systems of the Centers for Disease Control and Prevention of the United States Public Health Service; and
(2)  vaccine options, the enrollment process, ordering, accountability, and reporting procedures.
Added by Acts 2009, 81st Leg., R.S., Ch. 258 (H.B. 448), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0104. Disaster Preparation

Sec. 161.0104.  DISASTER PREPARATION.  The department shall consult with public health departments and appropriate health care providers to identify adult immunizations that may be necessary to respond to or prepare for a disaster or public health emergency, terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 12.07, eff. September 1, 2007.
Renumbered from Health and Safety Code, Section 161.0102 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(52), eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0105. Limitation on Liability

Sec. 161.0105.  LIMITATION ON LIABILITY.  (a)  A health care provider who acts in compliance with Sections 161.007, 161.00705, 161.00706, and 161.008 and any rules adopted under those sections is not civilly or criminally liable for furnishing the information required under those sections.  This subsection does not apply to criminal liability established under Section 161.009.
(b)  A person who administers a vaccination under a department program may be held liable only to the extent the person would be liable if the person administered the vaccination outside the program.  The person is not liable for damages arising from the acts or omissions of another person acting under the program or the department.
(c)  The immunity created by this section is in addition to any immunity created by Sections 161.001 and 161.007(i).
Added by Acts 2003, 78th Leg., ch. 844, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 12.08, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0465, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0106. Respiratory Syncytial Virus; Immunization

Sec. 161.0106.  RESPIRATORY SYNCYTIAL VIRUS; IMMUNIZATION.  As part of the education programs under Sections 161.0095 and 161.010, the department shall include information about:
(1)  respiratory syncytial virus and the importance of preventative activities for children at risk of contracting the virus;
(2)  respiratory syncytial virus prophylaxis for children who are at high risk of complications from the disease; and
(3)  immunization for respiratory syncytial virus when a vaccine is recommended and available.
Added by Acts 2005, 79th Leg., Ch. 115 (S.B. 1211), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0107. Electronic Medical Records Systems

Sec. 161.0107.  ELECTRONIC MEDICAL RECORDS SYSTEMS.  (a)  In this section:
(1)  "Electronic medical records software package or system" means an electronic system for maintaining medical records in the clinical setting.
(2)  "Medical records" has the meaning assigned by Section 151.002, Occupations Code.
(b)  A person who sells, leases, or otherwise provides an electronic medical records software package or system to a person who administers immunizations in this state or to an entity that manages records for the person shall provide, as part of the electronic medical records software package or system, the ability to:
(1)  electronically interface with the immunization registry created under this subchapter; and
(2)  generate electronic reports that contain the fields necessary to populate the immunization registry.
(c)  The executive commissioner by rule shall specify:
(1)  the fields necessary to populate the immunization registry, including a field that indicates the patient's consent to be listed in the immunization registry has been obtained; and
(2)  the data standards that must be used for electronic submission of immunization information.
(d)  The data standards specified under Subsection (b) must be compatible with the standards for immunization information transmission adopted by the Healthcare Information Technology Standards Panel sponsored by the American National Standards Institute and included in certification criteria by the Certification Commission for Healthcare Information Technology.
Added by Acts 2007, 80th Leg., R.S., Ch. 352 (S.B. 204), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0466, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0108. Injunction

Sec. 161.0108.  INJUNCTION.  (a)  The attorney general may bring an action in the name of the state to enjoin a violation of Section 161.0107.
(b)  If the state prevails in a suit under this section, the attorney general may recover on behalf of the state reasonable attorney's fees, court costs, and reasonable investigative costs incurred in relation to the proceeding.
Added by Acts 2007, 80th Leg., R.S., Ch. 352 (S.B. 204), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0109. Human Papillomavirus; Vaccines Education Materials

Sec. 161.0109.  HUMAN PAPILLOMAVIRUS; VACCINES EDUCATION MATERIALS.  (a)  The department, using existing resources, shall produce and distribute informational materials regarding vaccines against human papillomavirus that are approved by the United States Food and Drug Administration for human use.  The materials must include information relating to the effectiveness, availability, and contraindications of the vaccines. The materials must be available in English and in Spanish.
(b)  The department shall collaborate with the Cancer Prevention and Research Institute of Texas or its successor entity to develop educational programs for parents regarding human papillomavirus and promoting awareness of a minor's need for preventive services for cervical cancer and its precursors.
(c)  The department shall develop and maintain an Internet website that targets the public and health care professionals and provides accurate, comprehensive information on all aspects of cervical cancer prevention, including vaccination against human papillomavirus.
Added by Acts 2007, 80th Leg., R.S., Ch. 59 (H.B. 1379), Sec. 1, eff. September 1, 2007.
Renumbered from Health and Safety Code, Section 161.0107 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(53), eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0467, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter B. Health Inspection of Private Residence › Section 161.011. Permission Required

Sec. 161.011.  PERMISSION REQUIRED.  A person, including an officer or agent of this state or of an instrumentality or political subdivision of this state, may not enter a private residence to conduct a health inspection without first receiving:
(1)  permission obtained from a lawful adult occupant of the residence;  or
(2)  an authorization to inspect the residence for a specific public health purpose by a magistrate or by an order of a court of competent jurisdiction on a showing of a probable violation of a state health law, a control measure under Chapter 81, or a health ordinance of a political subdivision.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.189, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter B. Health Inspection of Private Residence › Section 161.012. Criminal Penalties

Sec. 161.012.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person violates Section 161.011.  An offense under this subsection is punishable by confinement in the Texas Department of Criminal Justice for not more than two years, a fine of not more than $1,000, or both.
(b)  A person commits an offense if the person knowingly gives evidence obtained in violation of Section 161.011 to the federal government or to an instrumentality of the federal government.  An offense under this subsection is punishable by confinement in the county jail for not more than one year, a fine of not more than $500, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.092, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter C. Provision of Information Relating to Certain Health Conditions › Section 161.021. Authorization to Provide Information; Use of Information; Liability

Sec. 161.021.  AUTHORIZATION TO PROVIDE INFORMATION;  USE OF INFORMATION;  LIABILITY.  (a)  Unless prohibited by other law, a person, including a hospital, sanatorium, nursing facility, rest home, medical society, cancer registry, or other organization, may provide interviews, reports, statements, memoranda, or other information relating to the condition and treatment of any person, to be used in a study to reduce morbidity or mortality or to identify persons who may need immunization, to:
(1)  the department;
(2)  a person that makes inquiries under immunization surveys conducted for the department;
(3)  a medical organization;
(4)  a hospital;
(5)  a hospital committee; or
(6)  a cancer registry, including a cancer registry of a cancer treatment center.
(b)  A person is not liable for damages or other relief for:
(1)  providing the information;
(2)  releasing or publishing the findings or conclusions to advance medical research or medical education;  or
(3)  releasing or publishing a general summary of those studies.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 343, Sec. 3, eff. May 27, 1997;  Acts 1999, 76th Leg., ch. 1411, Sec. 23.03, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0468, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter C. Provision of Information Relating to Certain Health Conditions › Section 161.0211. Epidemiologic or Toxicologic Investigations

Sec. 161.0211.  EPIDEMIOLOGIC OR TOXICOLOGIC INVESTIGATIONS.  (a)  Under its duty to protect the public health, the department shall conduct epidemiologic or toxicologic investigations of human illnesses or conditions and of environmental exposures that are harmful or believed to be harmful to the public health.
(b)  The department may conduct those investigations to determine the nature and extent of the disease or environmental exposure believed to be harmful to the public health.  Any findings or determinations from such investigations that relate to environmental exposures believed to be harmful to the public shall be reported in writing to the Texas Commission on Environmental Quality, and the two agencies shall coordinate corrective measures as appropriate.  The department shall use generally accepted methods of epidemiology or toxicology in the conduct of an investigation.
(c)  A person shall provide medical, demographic, epidemiologic, toxicologic, or environmental information to the department as described by Section 81.061(c).
(d)  A person is not liable for damages or other relief for providing medical or other confidential information to the department during an epidemiologic or toxicologic investigation.
Added by Acts 1993, 73rd Leg., ch. 34, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 65, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter C. Provision of Information Relating to Certain Health Conditions › Section 161.0212. Right of Entry

Sec. 161.0212.  RIGHT OF ENTRY.  To conduct an epidemiologic or toxicologic investigation, the commissioner or the commissioner's designee has the same authority to investigate, sample, inspect, and enter as that described by Sections 81.061, 81.063, 81.064, and 81.065.
Added by Acts 1993, 73rd Leg., ch. 34, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter C. Provision of Information Relating to Certain Health Conditions › Section 161.0213. Confidentiality

Sec. 161.0213.  CONFIDENTIALITY.  Reports, records, and information furnished to the commissioner or the commissioner's designee or the Texas Commission on Environmental Quality that relate to an epidemiologic or toxicologic investigation of human illnesses or conditions and of environmental exposures that are harmful or believed to be harmful to the public health are not public information under Chapter 552, Government Code, and are subject to the same confidentiality requirements as described by Section 81.046.
Added by Acts 1993, 73rd Leg., ch. 34, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0469, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter C. Provision of Information Relating to Certain Health Conditions › Section 161.022. Use and Publication Restrictions; Confidentiality

Sec. 161.022.  USE AND PUBLICATION RESTRICTIONS;  CONFIDENTIALITY.  (a)  The department, a medical organization, a hospital, a hospital committee, or a cancer registry may use or publish information under Section 161.021 only to advance medical research or medical education in the interest of reducing morbidity or mortality, except that a summary of the studies may be released by those persons for general publication.
(b)  The identity of a person whose condition or treatment has been studied is confidential and may not be revealed except in immunization surveys conducted for the department to identify persons who need immunization.
(c)  Interviews, reports, statements, memoranda, and other information, other than immunization information, furnished under this chapter and any findings or conclusions resulting from the study of that information, are privileged.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 343, Sec. 4, eff. May 27, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter C. Provision of Information Relating to Certain Health Conditions › Section 161.023. No Liability for Reports to Medical Committee

Sec. 161.023.  NO LIABILITY FOR REPORTS TO MEDICAL COMMITTEE.  (a)  This section applies to:
(1)  a physician, hospital, medical organization, university health science center, university medical school, or an officer or employee of that person or entity;  and
(2)  a health maintenance organization or an officer, employee, or agent of the health maintenance organization, including an independent practice association or other physician association contracting with the health maintenance organization.
(b)  A person or entity covered by this section is not liable for damages to any person for furnishing information, reports, or records to a medical committee relating to a patient:
(1)  examined or treated by the physician;  or
(2)  treated or confined in:
(A)  the hospital;
(B)  a clinic or facility staffed or operated by a university health science center or university medical school;  or
(C)  a hospital, clinic, or facility staffed, operated, or used by a health maintenance organization.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter C. Provision of Information Relating to Certain Health Conditions › Section 161.024. Application to Health Maintenance Organization

Sec. 161.024.  APPLICATION TO HEALTH MAINTENANCE ORGANIZATION.  This subchapter does not apply to a function of a health maintenance organization other than medical peer review and quality assurance conducted under Chapter 843, Insurance Code, the rules adopted under that chapter, or other applicable state and federal statutes and rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.524, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter D. Medical Committees, Medical Peer Review Committees, and Compliance Officers › Section 161.031. Medical Committee Defined

Sec. 161.031.  MEDICAL COMMITTEE DEFINED.  (a)  In this subchapter, "medical committee" includes any committee, including a joint committee, of:
(1)  a hospital;
(2)  a medical organization;
(3)  a university medical school or health science center;
(4)  a health maintenance organization licensed under Chapter 843, Insurance Code, including an independent practice association or other physician association whose committee or joint committee is a condition of contract with the health maintenance organization;
(5)  an extended care facility;
(6)  a hospital district;  or
(7)  a hospital authority.
(b)  The term includes a committee appointed ad hoc to conduct a specific investigation or established under state or federal law or rule or under the bylaws or rules of the organization or institution.
(c)  The term includes a committee, including a joint committee, of one or more health care systems if each health care system includes one or more of the entities listed in Subsection (a).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 655, Sec. 1, eff. June 11, 1997;  Acts 1999, 76th Leg., ch. 908, Sec. 3, eff. June 18, 1999;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.525, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter D. Medical Committees, Medical Peer Review Committees, and Compliance Officers › Section 161.032. Records and Proceedings Confidential

Sec. 161.032.  RECORDS AND PROCEEDINGS CONFIDENTIAL.  (a)  The records and proceedings of a medical committee are confidential and are not subject to court subpoena.
(b)  Notwithstanding Section 551.002, Government Code, the following proceedings may be held in a closed meeting following the procedures prescribed by Subchapter E, Chapter 551, Government Code:
(1)  a proceeding of a medical peer review committee, as defined by Section 151.002, Occupations Code, or medical committee; or
(2)  a meeting of the governing body of a public hospital, hospital district, hospital authority, or health maintenance organization of a public hospital, hospital authority, hospital district, or state-owned teaching hospital at which the governing body receives records, information, or reports provided by a medical committee, medical peer review committee, or compliance officer.
(c)  Records, information, or reports of a medical committee, medical peer review committee, or compliance officer and records, information, or reports provided by a medical committee, medical peer review committee, or compliance officer to the governing body of a public hospital, hospital district, or hospital authority are not subject to disclosure under Chapter 552, Government Code.
(d)  The records and proceedings may be used by the committee and the committee members only in the exercise of proper committee functions.
(e)  The records, information, and reports received or maintained by a compliance officer retain the protection provided by this section only if the records, information, or reports are received, created, or maintained in the exercise of a proper function of the compliance officer as provided by the Office of Inspector General of the United States Department of Health and Human Services.
(f)  This section and Subchapter A, Chapter 160, Occupations Code, do not apply to records made or maintained in the regular course of business by a hospital, health maintenance organization, medical organization, university medical center or health science center, hospital district, hospital authority, or extended care facility.
(g)  Notwithstanding any other provision of this section, the records of a medical committee of a university medical school or a health science center, including a joint committee, may be disclosed to the extent required under federal law as a condition on the receipt of federal money.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 625, Sec. 6, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 908, Sec. 4, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 1511, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 66, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter D. Medical Committees, Medical Peer Review Committees, and Compliance Officers › Section 161.033. Immunity for Committee Members

Sec. 161.033.  IMMUNITY FOR COMMITTEE MEMBERS.  A member of a medical committee is not liable for damages to a person for an action taken or recommendation made within the scope of the functions of the committee if the committee member acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to the committee member.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter E. Reports of Gunshot Wounds and Controlled Substance Overdoses › Section 161.041. Mandatory Reporting of Gunshot Wounds

Sec. 161.041.  MANDATORY REPORTING OF GUNSHOT WOUNDS.  A physician who attends or treats, or who is requested to attend or treat, a bullet or gunshot wound, or the administrator, superintendent, or other person in charge of a hospital, sanitorium, or other institution in which a bullet or gunshot wound is attended or treated or in which the attention or treatment is requested, shall report the case at once to the law enforcement authority of the municipality or county in which the physician practices or in which the institution is located.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 38, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter E. Reports of Gunshot Wounds and Controlled Substance Overdoses › Section 161.042. Mandatory Reporting of Controlled Substance Overdoses

Sec. 161.042.  MANDATORY REPORTING OF CONTROLLED SUBSTANCE OVERDOSES.  (a)  A physician who attends or treats, or who is requested to attend or treat, an overdose of a controlled substance listed in Penalty Group 1 under Section 481.102 or a controlled substance listed in Penalty Group 1-B under Section 481.1022, or the administrator, superintendent, or other person in charge of a hospital, sanitorium, or other institution in which an overdose of a controlled substance listed in Penalty Group 1 under Section 481.102 or a controlled substance listed in Penalty Group 1-B under Section 481.1022 is attended or treated or in which the attention or treatment is requested, shall report the case at once to the department.
(b)  A physician or other person who reports an overdose of a controlled substance under this section shall include in the report information regarding the date of the overdose, the type of controlled substance used, the sex and approximate age of the person attended or treated for the overdose or for whom treatment was sought, the symptoms associated with the overdose, the extent of treatment made necessary by the overdose, and the patient outcome.  The physician or other person making the report may provide other demographic information concerning the person attended or treated or for whom treatment was sought but may not disclose the person's name or address or any other information concerning the person's identity.
(c)  A hospital, sanitorium, or other institution that makes a report under this section is not subject to civil or criminal liability for damages arising out of the report.  An individual who makes a good-faith report under this section is not subject to civil or criminal liability for damages arising out of the report.
Added by Acts 1999, 76th Leg., ch. 38, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 17, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter E. Reports of Gunshot Wounds and Controlled Substance Overdoses › Section 161.043. Criminal Penalty

Sec. 161.043.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person is required to report under this subchapter and intentionally fails to report.
(b)  An offense under this section is a misdemeanor punishable by confinement in jail for not more than six months or by a fine of not more than $100.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health and Safety Code Sec. 161.042 and amended by Acts 1999, 76th Leg., ch. 38, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter E. Reports of Gunshot Wounds and Controlled Substance Overdoses › Section 161.044. Controlled Substance Overdose Information Repository

Sec. 161.044.  CONTROLLED SUBSTANCE OVERDOSE INFORMATION REPOSITORY.  (a)  The department shall maintain a central repository for the collection and analysis of information relating to incidents of a controlled substance overdose for which a physician or other person is required to report to the department under Section 161.042.  The department may not include in the repository any information the physician or other person is precluded from reporting under that section.
(b)  The department shall release statistical information contained in the central repository on the request of a medical professional or representative of a law enforcement agency.
Added by Acts 1999, 76th Leg., ch. 38, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter E. Reports of Gunshot Wounds and Controlled Substance Overdoses › Section 161.045. Mandatory Reporting of Controlled Substance Overdoses for Public Safety Mapping

Sec. 161.045.  MANDATORY REPORTING OF CONTROLLED SUBSTANCE OVERDOSES FOR PUBLIC SAFETY MAPPING.  (a)  In this section:
(1)  "Controlled substance" has the meaning assigned by Section 481.002.
(2)  "Emergency medical services personnel" has the meaning assigned by Section 773.003.
(3)  "Opioid antagonist" has the meaning assigned by Section 483.101.
(4)  "Overdose" means an acute condition caused by abuse or misuse of a controlled substance evidenced by symptoms such as extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death.
(b)  This section applies only to emergency medical services personnel operating within the geographical jurisdiction of a local health authority or law enforcement agency, as applicable, that has entered into a participation agreement for overdose mapping under Section 370.007, Local Government Code.
(c)  A person to whom this section applies who responds to an overdose incident shall report information about the incident as soon as possible to the local health authority or law enforcement agency, as applicable, that has entered into the participation agreement under Section 370.007, Local Government Code.  A person satisfies the requirements of this section by reporting information to either the appropriate local health authority or law enforcement agency.
(d)  A report under this section must include, if possible:
(1)  the date and time of the overdose incident;
(2)  the approximate location of the overdose incident, using:
(A)  an address;
(B)  the latitude and longitude of the location; or
(C)  the location data from a cellular device;
(3)  whether an opioid antagonist was administered, and if so, the number of doses and the type of delivery; and
(4)  whether the overdose was fatal or nonfatal.
(e)  A person who reports information about an overdose incident under this section in good faith is not subject to civil or criminal liability for making the report.
(f)  A law enforcement agency may use information received from a report under this section only for mapping overdose locations for public safety purposes.
(g)  Information in a report described by this section is confidential and not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 204 (S.B. 1319), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter F. Disclosure of Certain Agreements for Payment of Laboratory Tests › Section 161.061. Laboratory Information Required

Sec. 161.061.  LABORATORY INFORMATION REQUIRED.  (a)  A person licensed in this state to practice medicine, dentistry, podiatry, veterinary medicine, or chiropractic may not agree with a clinical, bioanalytical, or hospital laboratory to make payments to the laboratory for individual tests, combinations of tests, or test series for a patient unless:
(1)  the person discloses on the bill or statement to the patient or to a third party payor the name and address of the laboratory and the net amount paid to or to be paid to the laboratory;  or
(2)  discloses in writing on request to the patient or third party payor the net amount.
(b)  The disclosure permitted by Subsection (a)(2) must show the charge for the laboratory test or test series and may include an explanation, in net dollar amounts or percentages, of the charge from the laboratory, the charge for handling, and an interpretation charge.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter F. Disclosure of Certain Agreements for Payment of Laboratory Tests › Section 161.062. Grounds for License Denial

Sec. 161.062.  GROUNDS FOR LICENSE DENIAL.  The agency responsible for licensing and regulating a person subject to this subchapter may, in addition to any other authority granted, deny a license application or other permission to practice if the person violates this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.