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 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter A. General Provisions › Section 93.002. Appointment of Council; Terms of Members

Sec. 93.002.  APPOINTMENT OF COUNCIL; TERMS OF MEMBERS.  (a)  The Council on Cardiovascular Disease and Stroke is composed of:
(1)  11 public members appointed by the governor, with the advice and consent of the senate, as follows:
(A)  a licensed physician with a specialization in cardiology;
(B)  a licensed physician with a specialization in neurology to treat stroke;
(C)  a licensed physician employed in a primary care setting;
(D)  a registered nurse with a specialization in quality improvement practices for cardiovascular disease and stroke;
(E)  a registered and licensed dietitian;
(F)  two persons with experience and training in public health policy, research, or practice;
(G)  two consumer members, with special consideration given to persons actively participating in the Texas affiliates of the American Heart Association or American Stroke Association, managed care, or hospital or rehabilitation settings; and
(H)  two members from the general public that have or care for persons with cardiovascular disease or stroke; and
(2)  one nonvoting member representing each of the state agencies that oversee:
(A)  health services;
(B)   assistive and rehabilitative services; and
(C)  aging and disability services.
(b)  In appointing public members under Subsection (a)(1), the governor shall attempt to appoint female members and members of different minority groups, including African Americans, Hispanic Americans, Native Americans, and Asian Americans.
(c)  The head of each agency overseeing services listed in Subsection (a)(2) shall appoint the agency's representative nonvoting member.
(d)  Public members of the council serve staggered six-year terms, with the terms of three or four of the public members expiring February 1 of each odd-numbered year.  A nonvoting member representing a state agency serves at the will of the appointing agency.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 6.01, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 732 (H.B. 2344), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1176 (H.B. 3278), Sec. 5, eff. June 17, 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 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter A. General Provisions › Section 93.003. Reimbursement

Sec. 93.003.  REIMBURSEMENT.  (a)  Except as provided by Subsection (b), a member of the council may be reimbursed for travel expenses incurred while conducting the business of the council at the same rate provided for state employees in the General Appropriations Act, provided funds are appropriated to the department for this purpose.
(b)  If funds are not appropriated to support reimbursement of travel expenses, the commissioner may authorize reimbursement of the travel expenses incurred by a member while conducting the business of the council, as provided in the General Appropriations Act, if the commissioner finds on application of the member that travel for council business imposes a financial hardship on the member.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 732 (H.B. 2344), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter A. General Provisions › Section 93.004. Duties of Department; Funds

Sec. 93.004.  DUTIES OF DEPARTMENT;  FUNDS.  The department shall accept funds appropriated for the purposes of this chapter and shall allocate those funds.  The council shall make recommendations to the department concerning the allocation of funds.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter A. General Provisions › Section 93.005. Consultants; Advisory Committee

Sec. 93.005.  CONSULTANTS;  ADVISORY COMMITTEE.  To advise and assist the council with respect to the council's duties under this chapter, the council may appoint one or more:
(1)  consultants to the council;  or
(2)  advisory committees under Chapter 2110, Government Code.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter A. General Provisions › Section 93.007. Restrictions on Council Appointment, Membership, or Employment

Sec. 93.007.  RESTRICTIONS ON COUNCIL APPOINTMENT, MEMBERSHIP, OR EMPLOYMENT.  (a)  A person is not eligible to serve as a public member if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization receiving funds at the council's direction;
(2)  owns or controls directly or indirectly more than a 10 percent interest in a business entity or other organization receiving funds at the council's direction; or
(3)  uses or receives a substantial amount of tangible goods, services, or funds from the department at the council's direction, other than compensation or reimbursement authorized by law for council membership, attendance, or expenses.
(b)  A person who is required to register as a lobbyist under Chapter 305, Government Code, may not serve as a member of the council or act as the general counsel of the council.
(c)  An officer, employee, or paid consultant of a trade association in the field of health care may not be a member or employee of the council.  A person who is the spouse of an officer, employee, or paid consultant of a trade association in the field of health care may not be a member of the council and may not be an employee, including an employee exempt from the state's position classification plan, who is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.
(d)  For purposes of Subsection (c), a trade association is a nonprofit, cooperative, and voluntary association of business or professional competitors designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interests.
Added by Acts 2005, 79th Leg., Ch. 732 (H.B. 2344), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter A. General Provisions › Section 93.008. Removal of Council Member

Sec. 93.008.  REMOVAL OF COUNCIL MEMBER.  (a)  It is a ground for removal from the council if a member:
(1)  is not eligible for appointment to the council at the time of appointment as provided by Section 93.007(a);
(2)  is not eligible to serve on the council as provided by Section 93.007(a);
(3)  violates a prohibition established by Section 93.007(b) or (c);
(4)  cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or
(5)  is absent from more than half of the regularly scheduled council meetings that the member is eligible to attend during each calendar year, unless the absence is excused by a majority vote of the council.
(b)  The validity of an action of the council is not affected by the fact that it is taken when a ground for removal of a member of the council exists.
(c)  If the presiding officer of the council knows that a potential ground for removal exists, the presiding officer shall notify the governor of its existence.
(d)  The council shall inform its members as often as necessary of:
(1)  the qualifications for office prescribed by this chapter; and
(2)  the responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2005, 79th Leg., Ch. 732 (H.B. 2344), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter A. General Provisions › Section 93.009. Presiding Officer

Sec. 93.009.  PRESIDING OFFICER.  The governor shall designate a member of the council as the presiding officer of the council to serve in that capacity at the will of the governor.
Added by Acts 2005, 79th Leg., Ch. 732 (H.B. 2344), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter A. General Provisions › Section 93.010. Staff Support

Sec. 93.010.  STAFF SUPPORT.  Each agency represented on the council:
(1)  shall provide the council with staff support of specialists as needed; and
(2)  may provide staff support to an advisory committee.
Added by Acts 2005, 79th Leg., Ch. 732 (H.B. 2344), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter A. General Provisions › Section 93.012. Meetings

Sec. 93.012.  MEETINGS.  (a)  The council shall meet at least quarterly and shall adopt rules for the conduct of its meetings.
(b)  An action taken by the council must be approved by a majority of the voting members present.
Added by Acts 2005, 79th Leg., Ch. 732 (H.B. 2344), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter A. General Provisions › Section 93.013. Gifts and Grants

Sec. 93.013.  GIFTS AND GRANTS.  (a)  The council may receive gifts and grants from any public or private source to perform its duties under this chapter.  The department shall accept the gifts on behalf of the council.
(b)  The department may retain five percent of any monetary gifts accepted on behalf of the council to cover its costs in administering this section.
Added by Acts 2005, 79th Leg., Ch. 732 (H.B. 2344), Sec. 5, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0326, eff. April 2, 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 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter A. General Provisions › Section 93.014. Funds for Clinical Research

Sec. 93.014.  FUNDS FOR CLINICAL RESEARCH.  The council shall develop a policy governing the award of funds for clinical research that follows scientific peer review guidelines for primary and secondary prevention of heart disease or stroke or that follows other review procedures that are designed to distribute those funds on the basis of scientific merit.
Added by Acts 2005, 79th Leg., Ch. 732 (H.B. 2344), Sec. 5, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0327, eff. April 2, 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 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter B. Powers and Duties of Council › Section 93.052. Database of Clinical Resources

Sec. 93.052.  DATABASE OF CLINICAL RESOURCES.  The council shall review available clinical resources and shall develop a database of recommendations for appropriate care and treatment of patients with cardiovascular disease or who have suffered from or are at risk for stroke.  The council shall make the database accessible to the public.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter B. Powers and Duties of Council › Section 93.053. Cardiovascular Disease and Stroke Database

Sec. 93.053.  CARDIOVASCULAR DISEASE AND STROKE DATABASE.  (a)  The council shall collect and analyze information related to cardiovascular disease and stroke at the state and regional level and, to the extent feasible, at the local level.  The council shall obtain the information from federal and state agencies and from private and public organizations.  The council shall maintain a database of this information.
(b)  The database may include:
(1)  information related to behavioral risk factors identified for cardiovascular disease and stroke;
(2)  morbidity and mortality rates for cardiovascular disease and stroke;  and
(3)  community indicators relevant to cardiovascular disease and stroke.
(c)  In compiling the database, the council may use information available from other sources, such as the Behavioral Risk Factor Surveillance System established by the Centers for Disease Control and Prevention, reports of hospital discharge data, and information included in death certificates.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 93 - Prevention of Cardiovascular Disease and Stroke › Subchapter B. Powers and Duties of Council › Section 93.054. Information Received From Another State Agency; Confidentiality

Sec. 93.054.  INFORMATION RECEIVED FROM ANOTHER STATE AGENCY;  CONFIDENTIALITY.  (a)  To perform its duties under this chapter, the council may request and receive information in the possession of any state agency.  In addition to the restriction imposed by Subsection (b), information provided to the council under this subsection is subject to any restriction on disclosure or use of the information that is imposed by law on the agency from which the council obtained the information.
(b)  Information in the possession of the council that identifies a patient or that is otherwise confidential under law is confidential, is excepted from required public disclosure under Chapter 552, Government Code, and may not be disclosed for any purpose.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 94 - State Plan for Hepatitis C; Education and Prevention Program › Section 94.001. State Plan for Hepatitis C

Sec. 94.001.  STATE PLAN FOR HEPATITIS C.  (a)  The department shall develop a state plan for prevention and treatment of hepatitis C. The plan must include strategies for prevention and treatment of hepatitis C in specific demographic groups that are disproportionately affected by hepatitis C, including persons infected with HIV, veterans, racial or ethnic minorities that suffer a higher incidence of hepatitis C, and persons who engage in high risk behavior, such as intravenous drug use.
Text of subsection effective until April 01, 2025
(b)  In developing the plan, the department shall seek the input of:
(1)  the public, including members of the public that have hepatitis C;
(2)  each state agency that provides services to persons with hepatitis C or the functions of which otherwise involve hepatitis C, including any appropriate health and human services agency described by Section 531.001, Government Code;
(3)  any advisory body that addresses issues related to hepatitis C;
(4)  public advocates concerned with issues related to hepatitis C;  and
(5)  providers of services to persons with hepatitis C.
Text of subsection effective on April 01, 2025
(b)  In developing the plan, the department shall seek the input of:
(1)  the public, including members of the public that have hepatitis C;
(2)  each state agency that provides services to persons with hepatitis C or the functions of which otherwise involve hepatitis C, including any appropriate health and human services agency described by Section 521.0001, Government Code;
(3)  any advisory body that addresses issues related to hepatitis C;
(4)  public advocates concerned with issues related to hepatitis C; and
(5)  providers of services to persons with hepatitis C.
(c)  The department shall update the state plan developed under this section biennially.
Added by Acts 2001, 77th Leg., ch. 918, Sec. 1, eff. June 14, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 10, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 13, eff. June 17, 2011.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.34, 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 94 - State Plan for Hepatitis C; Education and Prevention Program › Section 94.002. Hepatitis C Education and Prevention Program

Sec. 94.002.  HEPATITIS C EDUCATION AND PREVENTION PROGRAM.  (a)  The department shall develop a program to heighten awareness and enhance knowledge and understanding of hepatitis C. The department shall:
(1)  conduct a seroprevalence study to estimate the current and future impact of hepatitis C on the state;
(2)  conduct health education, public awareness, and community outreach activities to promote public awareness and knowledge about the risk factors, the value of early detection, available screening services, and the options available for the treatment of hepatitis C;
(3)  provide training to public health clinic staff regarding the treatment, detection, and methods of transmission of hepatitis C;
(4)  identify to health care providers and employers the benefits of disease awareness and prevention;  and
(5)  develop a prevention program to reduce the risk of transmission of hepatitis C.
(b)  In developing the prevention program required by Subsection (a)(5), the department may forecast the economic and clinical impacts of hepatitis C and the impact of hepatitis C on quality of life.  The department may develop the forecasts in conjunction with an academic medical center or a nonprofit institution with experience using disease management prospective modeling and simulation techniques.
Added by Acts 1999, 76th Leg., ch. 823, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 93.001 and amended by Acts 2001, 77th Leg., ch. 918, Sec. 1, eff. June 14, 2001.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 94 - State Plan for Hepatitis C; Education and Prevention Program › Section 94.003. Department Voluntary Testing Programs

Sec. 94.003.  DEPARTMENT VOLUNTARY TESTING PROGRAMS.  (a)   The department shall establish voluntary hepatitis C testing programs to be performed at facilities providing voluntary HIV testing under Section 85.082 in each public health region to make confidential counseling and testing available.
(b)  The department may contract with public and private entities to perform the testing as necessary according to local circumstances.
(c)  The results of a test conducted by a testing program or department program under this section may not be used for insurance purposes, to screen or determine suitability for employment, or to discharge a person from employment.
(d)  A person who intentionally violates Subsection (c) is liable to a person injured by the violation.  The injured person may bring a civil action for damages and may recover for each violation from a person who violates Subsection (c):
(1)  the greater of $1,000 or actual damages;  and
(2)  reasonable attorney's fees.
(e)  In addition to the remedies provided by Subsection (d), the person may bring an action to restrain a violation or threatened violation of Subsection (c).
Added by Acts 1999, 76th Leg., ch. 823, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 93.002 by Acts 2001, 77th Leg., ch. 918, Sec. 1, eff. June 14, 2001.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 94A - State Plan for Streptococcus Pneumoniae; Education and Prevention Program › Section 94A.002. Streptococcus Pneumoniae Education and Prevention Program

Sec. 94A.002.  STREPTOCOCCUS PNEUMONIAE EDUCATION AND PREVENTION PROGRAM.  (a)  The department shall develop a program to heighten awareness and enhance knowledge and understanding of Streptococcus pneumoniae.
(b)  The program developed under Subsection (a) must require the department to:
(1)  conduct health education, public awareness, and community outreach activities to promote public awareness and knowledge about the risk factors for, the value of early detection of, available screening services for, and the options available for the treatment of diseases caused by Streptococcus pneumoniae; and
(2)  post on the department's Internet website the options available for the prevention, treatment, and detection of diseases caused by Streptococcus pneumoniae and information on the risk factors for, method of transmission of, and value of early detection of the diseases.
(c)  The department, using existing resources, may include in the program developed under Subsection (a) a study to estimate the current and future impact on this state of diseases caused by Streptococcus pneumoniae.
Added by Acts 2017, 85th Leg., R.S., Ch. 994 (H.B. 970), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 95 - Diabetes › Subchapter A. Risk Assessment for Type 2 Diabetes › Section 95.001. Definitions

Sec. 95.001.  DEFINITIONS.  In this subchapter:
(1)  "Acanthosis nigricans" means a light brown or black velvety, rough, or thickened area on the surface of the skin that may signal high insulin levels indicative of insulin resistance.
(2)  "Advisory committee" means the Type 2 Diabetes Risk Assessment Program Advisory Committee established under Section 95.006.
(3)  "Council" means the Texas Diabetes Council.
(4)  "Office" means The University of Texas Rio Grande Valley Border Health Office.
(5)  "Professional examination" means an evaluation performed by an appropriately licensed professional.
(6)  "School" means an educational institution that admits children who are five years of age or older but younger than 21 years of age.
Added by Acts 2001, 77th Leg., ch. 1465, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 504 (S.B. 415), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 504 (S.B. 415), Sec. 6, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 392 (S.B. 510), Sec. 3, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 188 (S.B. 1467), Sec. 13, eff. May 30, 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 95 - Diabetes › Subchapter A. Risk Assessment for Type 2 Diabetes › Section 95.002. Type 2 Diabetes Education and Risk Assessment Program

Sec. 95.002.  TYPE 2 DIABETES EDUCATION AND RISK ASSESSMENT PROGRAM.  (a)  The office shall administer a risk assessment program for Type 2 diabetes in accordance with this chapter.
(b)  The office, after reviewing recommendations made by the advisory committee, by rule shall coordinate the risk assessment for Type 2 diabetes of individuals who attend public or private schools located in Texas Education Agency Regional Education Service Centers 1, 2, 3, 4, 10, 11, 13, 15, 18, 19, and 20 and, by using existing funding as efficiently as possible or by using other available funding, in additional regional education service centers.
(c)  The rules must include procedures necessary to administer the risk assessment program, including procedures that require each school to record and report risk assessment activities using:
(1)  an existing database used to administer and track risk assessment data; or
(2)  widely accepted surveillance software selected by the office.
(d)  The office shall require a risk assessment for Type 2 diabetes to be performed at the same time hearing and vision screening is performed under Chapter 36 or spinal screening is performed under Chapter 37.  The risk assessment for Type 2 diabetes should:
(1)  identify students with acanthosis nigricans; and
(2)  further assess students identified under Subdivision (1) to determine the students':
(A)  body mass index; and
(B)  blood pressure.
(e)  The office may:
(1)  coordinate the risk assessment for Type 2 diabetes activities of school districts, private schools, state agencies, volunteer organizations, universities, and other entities so that the efforts of each entity are complementary and not fragmented and duplicative; and
(2)  provide technical assistance to those entities in developing risk assessment programs.
(f)  The office shall:
(1)  provide educational and other material to assist local risk assessment activities;
(2)  monitor the quality of risk assessment activities provided under this chapter; and
(3)  consult with the Texas Board of Nursing to determine the training requirements necessary for a nurse or other person to conduct risk assessment activities under this chapter.
(g)  The office shall provide on the office's Internet website information on obesity, Type 2 diabetes, and related conditions to health care providers and update the information at least annually.
Added by Acts 2001, 77th Leg., ch. 1465, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1125, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 504 (S.B. 415), Sec. 3, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0329, eff. April 2, 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 95 - Diabetes › Subchapter A. Risk Assessment for Type 2 Diabetes › Section 95.003. Compliance With Risk Assessment Requirements

Sec. 95.003.  COMPLIANCE WITH RISK ASSESSMENT REQUIREMENTS.  (a)  Each individual required by rules adopted under this chapter to be assessed shall undergo approved risk assessment for Type 2 diabetes.  The individual shall comply with the requirements as soon as possible after the individual's admission to a school and as required by rule.  The individual or, if the individual is a minor, the minor's parent, managing conservator, or guardian may substitute a professional examination for the risk assessment.
(b)  An individual is exempt from risk assessment if risk assessment conflicts with the tenets and practices of a recognized church or religious denomination of which the individual is an adherent or a member.  To qualify for the exemption, the individual or, if the individual is a minor, the individual's parent, managing conservator, or guardian must submit to the chief administrator of the school on or before the day of the risk assessment process an affidavit stating the objections to the risk assessment.
(c)  The chief administrator of each school shall ensure that each individual admitted to the school complies with the risk assessment requirements set by the office or submits an affidavit of exemption.
Added by Acts 2001, 77th Leg., ch. 1465, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 504 (S.B. 415), Sec. 3, eff. September 1, 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 95 - Diabetes › Subchapter A. Risk Assessment for Type 2 Diabetes › Section 95.005. Gifts and Grants

Sec. 95.005.  GIFTS AND GRANTS.  The office may accept gifts, grants, and donations to support the Type 2 diabetes risk assessment program conducted under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 504 (S.B. 415), Sec. 4, eff. September 1, 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 95A - Reports on Prevention and Treatment of Diabetes › Section 95A.001. Definition

Sec. 95A.001.  DEFINITION.  In this chapter, "council" means the Texas Diabetes Council.
Added by Acts 2011, 82nd Leg., R.S., Ch. 409 (S.B. 796), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0331, eff. April 2, 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 95A - Reports on Prevention and Treatment of Diabetes › Section 95A.002. Biennial Report on Commission's Priorities for Addressing Diabetes

Sec. 95A.002.  BIENNIAL REPORT ON COMMISSION'S PRIORITIES FOR ADDRESSING DIABETES.  (a)  The commission, in coordination with the council, shall prepare a biennial report that identifies the commission's priorities for addressing diabetes within the Medicaid population.
(b)  Not later than December 1 of each even-numbered year, the commission shall submit the report to the legislature and the governor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 409 (S.B. 796), Sec. 1, eff. September 1, 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 96 - Respiratory Syncytial Virus › Section 96.001. Definitions

Sec. 96.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(37), eff. April 2, 2015.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(37), eff. April 2, 2015.
(3)  "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 operated by the department or a state supported living center operated by 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.
(4)  "Local health unit" has the meaning assigned by Section 121.004.
(5)  "RSV" means respiratory syncytial virus.
Added by Acts 2005, 79th Leg., Ch. 152 (H.B. 1677), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0332, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(37), eff. April 2, 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 96 - Respiratory Syncytial Virus › Section 96.002. Confidentiality

Sec. 96.002.  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 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 may release medical, epidemiological, or toxicological information:
(1)  for statistical purposes, if released in a manner that prevents the identification of any person;
(2)  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 children with RSV; or
(3)  to appropriate federal agencies, such as the Centers for Disease Control and Prevention of the United States Public Health Service.
Added by Acts 2005, 79th Leg., Ch. 152 (H.B. 1677), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 96 - Respiratory Syncytial Virus › Section 96.003. Limitation of Liability

Sec. 96.003.  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 2005, 79th Leg., Ch. 152 (H.B. 1677), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 96 - Respiratory Syncytial Virus › Section 96.004. Cooperation of Governmental Entities

Sec. 96.004.  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 sentinel surveillance program.
Added by Acts 2005, 79th Leg., Ch. 152 (H.B. 1677), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 96 - Respiratory Syncytial Virus › Section 96.005. Sentinel Surveillance Program

Sec. 96.005.  SENTINEL SURVEILLANCE PROGRAM.  (a)  The executive commissioner shall establish in the department a program to:
(1)  identify by sentinel surveillance RSV infection in children; and
(2)  maintain a central database of laboratory-confirmed cases of RSV that can be used to investigate the incidence, prevalence, and trends of RSV.
(b)  In establishing the sentinel surveillance program for RSV, the executive commissioner shall consider:
(1)  the number and geographic distribution of children in the state;
(2)  the location of health facilities that collect RSV information locally; and
(3)  the use 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 specify a system for selecting the demographic areas in which the department collects information.
Added by Acts 2005, 79th Leg., Ch. 152 (H.B. 1677), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 96 - Respiratory Syncytial Virus › Section 96.006. Data Collection

Sec. 96.006.  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 that is in the facility's or professional's custody or control and that relates to an occurrence of RSV.
(b)  The executive commissioner by rule shall prescribe the manner in which data are reported to the department.
Added by Acts 2005, 79th Leg., Ch. 152 (H.B. 1677), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 96 - Respiratory Syncytial Virus › Section 96.007. Database

Sec. 96.007.  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 RSV and other health conditions; and
(2)  provide information and education to providers on the incidence of RSV infection.
Added by Acts 2005, 79th Leg., Ch. 152 (H.B. 1677), Sec. 1, eff. September 1, 2005.
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 A. General Provisions › Section 98.001. Definitions

Sec. 98.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 946 , Sec. 1.09(h)(1), eff. September 1, 2015.
(2)  "Ambulatory surgical center" means a facility licensed under Chapter 243.
(3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(38), eff. April 2, 2015.
(4)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(38), eff. April 2, 2015.
(5)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(38), eff. April 2, 2015.
(6)  "General hospital" means a general hospital licensed under Chapter 241 or a hospital that provides surgical or obstetrical services and that is maintained or operated by this state.  The term does not include a comprehensive medical rehabilitation hospital.
(7)  "Health care-associated infection" means a localized or symptomatic condition resulting from an adverse reaction to an infectious agent or its toxins to which a patient is exposed in the course of the delivery of health care to the patient.
(8)  "Health care facility" means a general hospital or an ambulatory surgical center.
(8-a)  "Health care professional" means an individual licensed, certified, or otherwise authorized to administer health care, for profit or otherwise, in the ordinary course of business or professional practice.  The term does not include a health care facility.
(9)  "Infection rate" means the number of health care-associated infections of a particular type at a health care facility divided by a numerical measure over time of the population at risk for contracting the infection, unless the term is modified by rule of the executive commissioner to accomplish the purposes of this chapter.
(10)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 512 (S.B. 384), Sec. 2(1), eff. September 1, 2019.
(10-a)  "Potentially preventable complication" and "potentially preventable readmission" have the meanings assigned by Section 1002.001, Health and Safety Code.
(11)  "Reporting system" means the Texas Health Care-Associated Infection and Preventable Adverse Events Reporting System.
(12)  "Special care setting" means a unit or service of a general hospital that provides treatment to inpatients who require extraordinary care on a concentrated and continuous basis.  The term includes an adult intensive care unit, a burn intensive care unit, and a critical care unit.
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(b), eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.01, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(38), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.09(h)(1), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 512 (S.B. 384), Sec. 2(1), 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 98 - Reporting of Health Care-Associated Infections and Preventable Adverse Events › Subchapter C. Duties of Department; Reporting System › Section 98.101. Rulemaking

Sec. 98.101.  RULEMAKING.  (a)  The executive commissioner may adopt rules for the department to implement this chapter.
(b)  The executive commissioner may not adopt rules that conflict with or duplicate any federally mandated infection reporting program or requirement.
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 98.102. Departmental Responsibilities; Reporting System

Sec. 98.102.  DEPARTMENTAL RESPONSIBILITIES; REPORTING SYSTEM.  (a)  The department shall establish the Texas Health Care-Associated Infection and Preventable Adverse Events Reporting System within the department.  The purpose of the reporting system is to provide for:
(1)  the reporting of health care-associated infections by health care facilities to the department;
(2)  the reporting of health care-associated preventable adverse events by health care facilities to the department;
(3)  the public reporting of information regarding the health care-associated infections by the department;
(4)  the public reporting of information regarding health care-associated preventable adverse events by the department; and
(5)  the education and training of health care facility staff by the department regarding this chapter.
(b)  The reporting system shall provide a mechanism for this state to collect data, at state expense, through a secure electronic interface with health care facilities.
(c)  The data reported by health care facilities to the department must contain sufficient patient identifying information to:
(1)  avoid duplicate submission of records;
(2)  allow the department to verify the accuracy and completeness of the data reported; and
(3)  for data reported under Section 98.103, allow the department to risk adjust the facilities' infection rates.
(d)  The department shall review the infection control and reporting activities of health care facilities to ensure the data provided by the facilities is valid and does not have unusual data patterns or trends that suggest implausible infection rates.
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(e), eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.02, 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 98.103. Reportable Infections

Sec. 98.103.  REPORTABLE INFECTIONS.
(a)  A health care facility shall report to the department each health care-associated infection, including the causative pathogen if the infection is laboratory-confirmed, that occurs in the facility and that the federal Centers for Medicare and Medicaid Services requires a facility participating in the Medicare program to report through the federal Centers for Disease Control and Prevention's National Healthcare Safety Network, or its successor.
(a-1)  A health care facility shall report each health care-associated infection to the department under this section regardless of the facility's participation in Medicare.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 512 (S.B. 384), Sec. 2(2), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 512 (S.B. 384), Sec. 2(2), eff. September 1, 2019.
(d)  The department shall ensure that the health care-associated infections a health care facility is required to report under this section have the meanings assigned by the federal Centers for Disease Control and Prevention.
(d-1)  The executive commissioner by rule may designate the federal Centers for Disease Control and Prevention's National Healthcare Safety Network, or its successor, to receive reports of health care-associated infections from health care facilities on behalf of the department.  A health care facility must file a report required in accordance with a designation made under this subsection in accordance with the National Healthcare Safety Network's definitions, methods, requirements, and procedures.  A health care facility shall authorize the department to have access to facility-specific data contained in a report filed with the National Healthcare Safety Network in accordance with a designation made under this subsection.
(e)  A report made under this section must specify whether the infection resulted in the death of the patient while hospitalized.
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. 369 (H.B. 1362), Sec. 2, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 724 (S.B. 203), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.03, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1072 (H.B. 3285), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 512 (S.B. 384), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 512 (S.B. 384), Sec. 2(2), eff. September 1, 2019.