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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter I. Prevention of Transmission of HIV and Hepatitis B Virus by Infected Health Care Workers › Section 85.204. Modification of Practice

Sec. 85.204.  MODIFICATION OF PRACTICE.  (a)  Except as provided by Subsections (b) and (c), a health care worker who is infected with HIV or who is infected with hepatitis B virus and is HBeAg positive may not perform an exposure-prone procedure.
(b)(1) A health care worker who is infected with HIV or who is infected with hepatitis B virus and is HBeAg positive may perform an exposure-prone procedure only if the health care worker has sought counsel from an expert review panel and been advised under what circumstances, if any, the health care worker may continue to perform the exposure-prone procedure.
(2)  An expert review panel should include the health care worker's personal physician and experts with knowledge of infectious diseases, infection control, the epidemiology of HIV and hepatitis B virus, and procedures performed by the health care worker.
(3)  All proceedings and communications of the expert review panel are confidential and release of information relating to a health care worker's HIV status shall comply with Chapter 81.
(4)  Health professional associations and health facilities should develop guidelines for expert review panels and identify exposure-prone procedures, as defined by this subchapter.
(c)  A health care worker who performs an exposure-prone procedure as provided under Subsection (b) shall notify a prospective patient of the health care worker's seropositive status and obtain the patient's consent before the patient undergoes an exposure-prone procedure, unless the patient is unable to consent.
(d)  To promote the continued use of the talents, knowledge, and skills of a health care worker whose practice is modified because of the worker's HIV or hepatitis B virus infection status, the worker should:
(1)  be provided opportunities to continue patient care activities, if practicable;  and
(2)  receive career counseling and job retraining.
(e)  A health care worker whose practice is modified because of hepatitis B virus infection may request periodic redeterminations by the expert review panel under Subsection (b) of any change in the worker's HBeAg status due to resolution of infection or as a result of treatment.
(f)  A health care worker who is infected with HIV or who is infected with hepatitis B virus and is HBeAg positive who performs invasive procedures not identified as exposure-prone should not have his or her practice restricted, provided the infected health care worker adheres to the standards for infection control provided in Section 85.203.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.05, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter I. Prevention of Transmission of HIV and Hepatitis B Virus by Infected Health Care Workers › Section 85.205. Disciplinary Procedures

Sec. 85.205.  DISCIPLINARY PROCEDURES.  A health care worker who fails to comply with this subchapter is subject to disciplinary procedures by the appropriate licensing entity.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.05, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter I. Prevention of Transmission of HIV and Hepatitis B Virus by Infected Health Care Workers › Section 85.206. Retention of License; Permitted Acts

Sec. 85.206.  RETENTION OF LICENSE;  PERMITTED ACTS.  This subchapter does not:
(1)  require the revocation of the license, registration, or certification of a health care worker who is infected with HIV or hepatitis B virus;
(2)  prohibit a health care worker who is infected with HIV or hepatitis B virus and who adheres to universal precautions, as defined by this subchapter, from:
(A)  performing procedures not identified as exposure-prone;  or
(B)  providing health care services in emergency situations;
(3)  prohibit a health care worker who is infected with HIV and who adheres to universal precautions from providing health care services, including exposure-prone procedures, to persons who are infected with HIV;  or
(4)  require the testing of health care workers.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.05, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.251. Definitions

Sec. 85.251.  DEFINITIONS.  In this subchapter:
(1)  "Home collection kit" means a product sold to the general public and used by an individual to collect a specimen from the human body and to submit the specimen to a laboratory for testing and a report.
(2)  "Service provider" means the manufacturer of a home collection kit or a person designated by the manufacturer to provide the services required by this subchapter.
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.252. Prohibitions Relating to Home Collection Kit

Sec. 85.252.  PROHIBITIONS RELATING TO HOME COLLECTION KIT.  A person may not market, distribute, or sell a home collection kit for HIV infection testing in this state unless the kit complies with Chapter 431.
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.253. Prohibitions Relating to Home Testing

Sec. 85.253.  PROHIBITIONS RELATING TO HOME TESTING.  (a)  A person may not market, distribute, or sell a product to be used by a member of the public to test a specimen collected from the human body for HIV infection unless the kit complies with Chapter 431.
(b)  This section does not apply to a product marketed, distributed, or sold only to physicians or other persons authorized by law to test for HIV infection a specimen collected from the human body.
(c)  A person may not require an individual to be tested for HIV infection as provided in Section 81.102.
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.254. Package of Services

Sec. 85.254.  PACKAGE OF SERVICES.  A home collection kit for HIV infection testing shall be sold as part of a package of services that includes:
(1)  laboratory testing by a qualified facility;
(2)  reporting of test results;
(3)  verification of positive test results;
(4)  counseling as required by this subchapter;  and
(5)  information, upon request, describing how test results and related information are stored by the service provider, how long the information is retained, and under what circumstances the information may be communicated to other persons.
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.255. Qualified Facility

Sec. 85.255.  QUALIFIED FACILITY.  A laboratory facility that conducts testing of a specimen collected with a home collection kit for HIV infection testing must comply with the Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Section 263a).
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.256. Oral Reporting

Sec. 85.256.  ORAL REPORTING.  A service provider shall report test results from a home collection kit for HIV infection testing orally to the individual tested.  Notwithstanding Section 81.109, the test results may be provided by telephone.
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.257. Counseling; Counseling Protocols

Sec. 85.257.  COUNSELING;  COUNSELING PROTOCOLS.  (a)  A service provider shall provide pretesting counseling to an individual who is considering using a home collection kit for HIV infection testing.  This counseling may be provided orally by telephone or through written information included with the home collection kit.
(b)  At the time the test results are reported to the individual tested, the service provider shall provide counseling and appropriate referrals for care and treatment.
(c)  Counseling provided by a service provider, including written information provided under Subsection (a) and referrals, must conform with counseling protocols adopted by the executive commissioner.  Except as provided by Section 85.256, the counseling protocols must be consistent with the requirements of Section 81.109 and the protocols adopted under Section 85.081.
(d)  Counseling provided by a service provider under this section must be provided in English and in Spanish.  The department may require a service provider to provide counseling in another language if the department finds that the service provider is marketing home collection kits in a community in which a significant portion of the population speaks a language other than English or Spanish.
(e)  A service provider, in providing counseling, may not:
(1)  solicit the purchase of additional services or products;  or
(2)  refer the individual being counseled to an entity:
(A)  that is owned or controlled by the service provider;
(B)  that owns or controls the service provider;
(C)  that is owned or controlled by an entity that owns or controls the service provider;  or
(D)  that has another ongoing financial relationship with the service provider.
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0290, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.258. Labeling

Sec. 85.258.  LABELING.  (a)  A home collection kit for HIV infection testing shall meet the requirements of Chapter 431.
(b)  In addition to the requirements in Subsection (a), the labeling shall explain which persons and entities will have access to the test results for the individual.
(c)  In addition to the labeling requirements in Subsections (a) and (b), a home collection kit labeled in Spanish must also be available.  The department may require a service provider to label a home collection kit in another language if the department finds that the service provider is marketing home collection kits in a community in which a significant portion of the population speaks a language other than English or Spanish.
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0291, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.259. Enforcement

Sec. 85.259.  ENFORCEMENT.  A home collection kit for HIV infection testing is a "device" as that term is defined in Section 431.002 and is subject to the provisions for enforcement contained in Chapter 431.  Any violation of the requirement in Section 85.258 shall be subject to the enforcement provisions of Chapter 431.
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.260. Confidentiality

Sec. 85.260.  CONFIDENTIALITY.  (a)  Any statement that an identifiable individual has or has not been tested with a home collection kit for HIV infection testing, including a statement or assertion that the individual is positive, is negative, is at risk, or has or does not have a certain level of antigen or antibody, is confidential as provided by Section 81.103.
(b)  A person commits an offense if the person violates this section.  The punishment for an offense under this section is the same as the punishment for an offense under Section 81.103.
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.261. Certain Technology Prohibited

Sec. 85.261.  CERTAIN TECHNOLOGY PROHIBITED.  A service provider may not use technology that permits the service provider to identify an individual to whom test results or counseling is provided or to identify the telephone number from which that individual is calling.
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter J. Home Collection Kits for HIV Infection Testing › Section 85.262. Reports

Sec. 85.262.  REPORTS.  A service provider shall report test results from a home collection kit for HIV infection testing in the manner provided by Subchapter C, Chapter 81.
Added by Acts 1995, 74th Leg., ch. 33, Sec. 1, eff. April 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.271. Definitions

Sec. 85.271.  DEFINITIONS.  In this subchapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(32), eff. April 2, 2015.
(2)  "Committee" means the Texas HIV Medication Advisory Committee.
(3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(32), eff. April 2, 2015.
(4)  "Program" means the Texas HIV medication program established under Subchapter C.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(32), 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.272. Texas HIV Medication Advisory Committee

Sec. 85.272.  TEXAS HIV MEDICATION ADVISORY COMMITTEE.  (a)  The executive commissioner shall establish the committee.
(b)  The committee consists of 11 members appointed by the executive commissioner.  The committee must include:
(1)  three physicians who are actively engaged in the treatment of adults who are infected with HIV;
(2)  one physician who is actively engaged in the treatment of infants and children who are infected with HIV;
(3)  four consumers who are diagnosed with HIV;
(4)  one person who is an administrator for a public, nonprofit hospital that provides services to individuals who are infected with HIV;
(5)  one social worker who works with individuals who are infected with HIV; and
(6)  one pharmacist who participates in the program.
(c)  The department shall provide staff support for the committee.
(d)  Except as provided by this subchapter, the committee is subject to Chapter 2110, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.273. Duties

Sec. 85.273.  DUTIES.  (a)  The committee shall advise the executive commissioner and the department in the development of procedures and guidelines for the program.
(b)  The committee shall:
(1)  review the program's goals and aims;
(2)  evaluate the program's ongoing efforts;
(3)  recommend both short-range and long-range goals and objectives for medication needs; and
(4)  perform any other tasks assigned by the executive commissioner.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.274. Terms

Sec. 85.274.  TERMS.  A committee member serves at the will of the executive commissioner.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.275. Officers

Sec. 85.275.  OFFICERS.  (a)  The committee shall select a presiding officer and an assistant presiding officer from the committee members.
(b)  An officer shall begin serving on March 1 of each odd-numbered year and serve until February 27 of the following odd-numbered year.
(c)  An officer may continue to serve until a replacement is elected for the officer's position.
(d)  The presiding officer shall:
(1)  preside at all committee meetings attended by the presiding officer;
(2)  call meetings in accordance with this subchapter;
(3)  appoint subcommittees as necessary; and
(4)  ensure annual reports are made to the commissioner.
(e)  The presiding officer may serve as an ex officio member of any subcommittee.
(f)  The assistant presiding officer shall:
(1)  perform the duties of the presiding officer if the presiding officer is absent or is not able to perform those duties because of disability; and
(2)  complete the unexpired portion of the presiding officer's term if the office of the presiding officer becomes vacant.
(g)  The committee may elect a committee member to replace the assistant presiding officer if the office of the assistant presiding officer becomes vacant.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0292, 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.276. Meetings

Sec. 85.276.  MEETINGS.  (a)  The committee shall meet only as necessary to conduct committee business.
(b)  A meeting may be called by agreement between the department staff and:
(1)  the presiding officer; or
(2)  three or more members of the committee.
(c)  The department staff shall:
(1)  make meeting arrangements; and
(2)  contact each committee member to determine the member's availability for a meeting date and place.
(d)  The committee is not a "governmental body" as defined by Chapter 551, Government Code.  However, each committee meeting must be announced and conducted in accordance with Chapter 551, Government Code, except that the provisions allowing executive sessions do not apply to the committee.
(e)  Each member of the committee must be informed of a committee meeting at least five working days before the meeting is to take place.
(f)  An agenda for each committee meeting must include an item entitled "public comment" under which any person may address the committee on matters relating to committee business.  The presiding officer may establish procedures for public comment, including a time limit for each comment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.277. Attendance

Sec. 85.277.  ATTENDANCE.  (a)  A member shall attend:
(1)  a scheduled committee meeting; and
(2)  a meeting of a subcommittee to which the member is assigned.
(b)  A member shall notify the presiding officer or the appropriate department staff if the member is unable to attend a scheduled meeting.
(c)  The committee shall include the attendance records of each member in the committee's annual report to the commissioner.  The report must include a member's attendance at both committee and subcommittee meetings.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.278. Procedures

Sec. 85.278.  PROCEDURES.  (a)  The committee shall use Robert's Rules of Order as the basis of parliamentary decisions except as provided by other law or rule.
(b)  An action taken by the committee must be approved by a majority vote of the members present after a quorum is established.
(c)  Each member shall have one vote.
(d)  A member may not authorize another individual to represent the member by proxy.
(e)  The committee shall make decisions in the discharge of the committee's duties without discrimination based on a person's race, creed, gender, religion, national origin, age, physical condition, or economic status.
(f)  The department staff shall take minutes of each committee meeting.  After the minutes are approved by the committee, the presiding officer shall sign the minutes.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.279. Subcommittees

Sec. 85.279.  SUBCOMMITTEES.  (a)  The committee may establish subcommittees as necessary to assist the committee in performing the committee's duties.
(b)  The presiding officer shall appoint committee members to serve on subcommittees and to act as subcommittee chairs.  The presiding officer may appoint a person who is not a committee member to serve on a subcommittee.
(c)  A subcommittee shall meet when called by the subcommittee's chair or when directed by the committee.
(d)  A subcommittee chair shall make a regular report to the committee at each committee meeting or in an interim written report as needed.  The report must include an executive summary or minutes of each subcommittee meeting.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.280. Statement by Member; Member Duties

Sec. 85.280.  STATEMENT BY MEMBER; MEMBER DUTIES.  (a)  The executive commissioner, the department, and the committee may not be bound by any statement made or action taken by a committee member unless the member makes the statement or takes the action based on specific instructions from the executive commissioner, the department, or the committee.
(b)  The committee and committee members may not participate in any legislative activity in the name of the executive commissioner, the department, or the committee unless the committee or committee member obtains approval through the department's legislative process.  Committee members may represent themselves or another entity in the legislative process.
(c)  A committee member may not accept or solicit a benefit that might reasonably tend to influence the member in the discharge of the member's official duties.
(d)  A committee member may not disclose confidential information acquired through the member's service on the committee.
(e)  A committee member may not knowingly solicit, accept, or agree to accept a benefit for exercising the member's official powers or duties in favor of another person.
(f)  A committee member who has a personal or private interest in a matter pending before the committee shall publicly disclose the fact and may not vote or otherwise participate in the matter.
(g)  In this section, "personal or private interest" means a direct pecuniary interest in a matter but does not include a person's engagement in a profession, trade, or occupation if the person's interest is the same as any other person who is similarly engaged in the profession, trade, or occupation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.281. Compensation; Expenses

Sec. 85.281.  COMPENSATION; EXPENSES.  (a)  A committee member may receive reimbursement for expenses incurred for each day the member engages in official committee business if the reimbursement is authorized by the General Appropriations Act or through the budget execution process.
(b)  A committee member is not entitled to a salary or stipend unless required by law.
(c)  A committee member who is an employee of a state agency, other than the department, is not entitled to reimbursement for expenses from the department.
(d)  A person who serves on a subcommittee and who is not a committee member is not entitled to reimbursement for expenses from the department.
(e)  Only a consumer who is diagnosed with HIV and serves as a committee member is eligible for reimbursement of actual travel expenses incurred.
(f)  A committee member who is eligible for reimbursement of expenses shall submit to the department staff the member's receipts for the expenses and any required forms not later than 14 days after a committee meeting.
(g)  A member shall make a request for reimbursement of expenses on an official state travel voucher prepared by the department staff.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), 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 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter K. Texas HIV Medication Advisory Committee › Section 85.282. Reports

Sec. 85.282.  REPORTS.  (a)  The committee shall file an annual written report with the commissioner not later than March 31 of each year.  The report must cover the meetings and activities of the committee for the year preceding the date of the report.
(b)  The report must include:
(1)  the meeting dates of the committee and any subcommittee;
(2)  attendance records for each committee member;
(3)  a brief description of any action taken by the committee;
(4)  a description of how the committee has accomplished any specific tasks officially given to the committee;
(5)  the status of any rules recommended by the committee; and
(6)  the anticipated activities of the committee for the following year.
(c)  The committee shall identify the costs for the committee's existence in the report, including the cost of department staff used to support the committee's activities and the source of funds used to support the committee's activities.
(d)  The presiding officer and appropriate department staff shall sign the report.
Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), 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 86 - Breast Cancer and Lung Cancer › Subchapter B. Breast Cancer Screening › Section 86.013. Information on Supplemental Breast Cancer Screening

Sec. 86.013.  INFORMATION ON SUPPLEMENTAL BREAST CANCER SCREENING.  (a)  On completion of a mammogram, a mammography facility certified by the United States Food and Drug Administration or by a certification agency approved by the United States Food and Drug Administration shall provide to the patient the following notice:
"If your mammogram demonstrates that you have dense breast tissue, which could hide abnormalities, and you have other risk factors for breast cancer that have been identified, you might benefit from supplemental screening tests that may be suggested by your ordering physician.
"Dense breast tissue, in and of itself, is a relatively common condition.  Therefore, this information is not provided to cause undue concern, but rather to raise your awareness and to promote discussion with your physician regarding the presence of other risk factors, in addition to dense breast tissue.
"A report of your mammography results will be sent to you and your physician.  You should contact your physician if you have any questions or concerns regarding this report."
(b)  Notwithstanding any other law, this section does not create a cause of action or create a standard of care, obligation, or duty that provides a basis for a cause of action.
(c)  The information required by this section or evidence that a person violated this section is not admissible in a civil, judicial, or administrative proceeding.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1154 (H.B. 2102), Sec. 2, 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 87 - Birth Defects › Subchapter A. General Provisions › Section 87.001. Definitions

Sec. 87.001.  DEFINITIONS.  In this chapter:
(1)  "Birth defect" means a physical or mental functional deficit or impairment in a human embryo, fetus, or newborn resulting from one or more genetic or environmental causes.
(2)  "Communicable disease" has the meaning assigned by Section 81.003.
(3)  Repealed by Acts 1995, 74th Leg., ch. 76, Sec. 8.134, eff. Sept. 1, 1995.
(4)  "Environmental causes" means the sum total of all the conditions and elements that make up the surroundings and influence the development of an individual.
(5)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(33), eff. April 2, 2015.
(6)  "Health professional" means an individual whose:
(A)  vocation or profession is directly or indirectly related to the maintenance of health in another individual;  and
(B)  duties require a specified amount of formal education and may require a special examination, certificate, or license or membership in a regional or national association.
(7)  "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 genetic evaluation and counseling center;
(F)  a public health clinic conducted by a local health unit, health department, or public health district organized and recognized under Chapter 121;
(G)  a physician peer review organization; and
(H)  another facility specified by department rule.
(8)  "Midwife" has the meaning assigned by Section 203.002, Occupations Code.
(9)  "Local health unit" has the meaning assigned by Section 121.004.
(10)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(33), eff. April 2, 2015.
Added by Acts 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.134, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.774, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0293, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(33), 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 87 - Birth Defects › Subchapter A. General Provisions › Section 87.002. Confidentiality

Sec. 87.002.  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)  with the consent of each person identified in the information or, if the person is a minor, the minor's parents, managing conservator, guardian, or other person who is legally authorized to consent;
(3)  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 department rules relating to the identification, monitoring, and referral of children with birth defects;
(4)  to appropriate federal agencies, such as the Centers for Disease Control and Prevention of the United States Public Health Service; or
(5)  to medical personnel to the extent necessary to protect the health or life of the child identified in the information.
(d)  The executive commissioner, the commissioner, another employee of the department, or an authorized agent may not be examined in a civil, criminal, special, or other proceeding as to the existence or contents of pertinent records of or reports or information about a child identified or monitored for a birth defect by the department without the consent of the child's parents, managing conservator, guardian, or other person authorized by law of this state or another state or by a court order to give consent.
Added by Acts 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), 8.130, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0294, 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 87 - Birth Defects › Subchapter A. General Provisions › Section 87.003. Contracts

Sec. 87.003.  CONTRACTS.  The department may enter into contracts or agreements with persons as necessary to implement this chapter.  The contracts or agreements may provide for payment by the state for supplies, equipment, data, and data collection and other services.
Added by Acts 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 87 - Birth Defects › Subchapter A. General Provisions › Section 87.004. Limitation of Liability

Sec. 87.004.  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 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 87 - Birth Defects › Subchapter A. General Provisions › Section 87.005. Cooperation of Governmental Entities

Sec. 87.005.  COOPERATION OF GOVERNMENTAL ENTITIES.  Another state board, commission, agency, or governmental entity capable of assisting the department in carrying out the intent of this chapter shall cooperate with the department and furnish expertise, services, and facilities to the program.
Added by Acts 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 87 - Birth Defects › Subchapter B. Birth Defects Monitoring Program › Section 87.022. Data Collection

Sec. 87.022.  DATA COLLECTION.  (a)  To ensure an accurate source of data necessary to investigate the incidence, prevalence, and trends of birth defects, the executive commissioner may require a health facility, health professional, or midwife to make available for review by the department or by an authorized agent medical records or other information that is in the facility's, professional's, or midwife's custody or control and that relates to the occurrence of a birth defect specified by the executive commissioner.
(b)  The executive commissioner by rule shall prescribe the manner in which records and other information are made available to the department.
(c)  The executive commissioner shall adopt procedural rules to facilitate cooperation between the health care facility, health professional, or midwife and a department employee or authorized agent, including rules for notice, requests for medical records, times for record reviews, and record management during review.
Added by Acts 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0296, 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 87 - Birth Defects › Subchapter B. Birth Defects Monitoring Program › Section 87.023. Referral for Services

Sec. 87.023.  REFERRAL FOR SERVICES.  A child who meets the medical criteria prescribed by department rule, and the child's family, shall be referred to the department's case management program for guidance in applying for financial or medical assistance available through existing state and federal programs.
Added by Acts 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0297, 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 87 - Birth Defects › Subchapter C. Investigations and Inspections › Section 87.041. Investigations

Sec. 87.041.  INVESTIGATIONS.  (a)  The department may conduct investigations, including epidemiological or toxicological investigations, of cases of specified birth defects.
(b)  The department may conduct these investigations to determine the nature and extent of the disease or the known or suspected cause of the birth defect and to formulate and evaluate control measures to protect the public health.  The department's investigation is not limited to geographic, temporal, or occupational associations and may include investigation of past exposures.
(c)  A person shall provide medical, demographic, epidemiological, toxicological, and environmental information to the department under this chapter.
(d)  A person is not liable in damages or other relief for providing medical or other confidential information to the department during an epidemiological or toxicological investigation.
Added by Acts 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 87 - Birth Defects › Subchapter C. Investigations and Inspections › Section 87.042. Departmental Investigatory Powers

Sec. 87.042.  DEPARTMENTAL INVESTIGATORY POWERS.  To conduct an investigation under this chapter, the commissioner or the commissioner's designee has the same authority to enter, inspect, investigate, and take samples and to do so in the same manner as is provided for communicable diseases under Sections 81.061, 81.063, 81.064, and 81.065.
Added by Acts 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.132, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 87 - Birth Defects › Subchapter D. Central Registry › Section 87.061. Registry; Confidentiality

Sec. 87.061.  REGISTRY;  CONFIDENTIALITY.  (a)  Information collected and analyzed by the department or an authorized agent under this chapter may be placed in a central registry to facilitate research and to maintain security.  The department may also store information available from other departmental programs and information from other reporting systems and health care providers.
(b)  The department shall use the registry to:
(1)  investigate the causes of birth defects and other health conditions as authorized by Texas statutes;
(2)  design and evaluate measures to prevent the occurrence of birth defects and other health conditions; and
(3)  conduct other investigations and activities necessary for the executive commissioner and department to fulfill their obligation to protect the health of the public.
(c)  The department may store in the central registry information that is obtained from the section of the birth certificate entitled "For Medical and Health Use Only."  This information may be used only as provided by Section 192.002(b), relating to the form and contents of the birth certificate.
Added by Acts 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0298, 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 87 - Birth Defects › Subchapter D. Central Registry › Section 87.062. Access to Information

Sec. 87.062.  ACCESS TO INFORMATION.  (a)  Access to the central registry information is limited to authorized department employees and other persons with a valid scientific interest who are engaged in demographic, epidemiological, or other studies related to health and who agree in writing to maintain confidentiality.
(b)  The department shall maintain a listing of each person who is given access to the information in the central registry.  The listing shall include:
(1)  the name of the person authorizing access;
(2)  the name, title, and organizational affiliation of each person given access;
(3)  the dates of access;  and
(4)  the specific purpose for which the information was used.
(c)  The listing is public information, is open to the public under Chapter 552, Government Code, and may be inspected during the department's normal hours of operation.
Added by Acts 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995.