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 87 - Birth Defects › Subchapter D. Central Registry › Section 87.063. Research; Review and Approval

Sec. 87.063.  RESEARCH;  REVIEW AND APPROVAL.  (a)  The commissioner and the department's committee for the protection of human subjects shall review each research proposal that requests the use of information in the central registry.  The executive commissioner shall adopt rules establishing criteria to be used in deciding if the research design should be approved.  A proposal that meets the approval criteria is considered to establish a valid interest as required by Section 87.062(a), and the commissioner and the committee shall authorize the researcher to review the records relevant to the research proposal and to contact cases and controls.
(b)  If an investigator using central registry data under a research design approved under this section believes it is necessary to contact case subjects and controls, the investigator must submit a protocol describing the purpose and method to the commissioner and the department's committee for the protection of human subjects.  If the contact protocol is approved, the investigator is considered to have established a bona fide research, development, or planning purpose and is entitled to carry out the contacts without securing additional approvals or waivers from any entity.
Added by Acts 1993, 73rd Leg., ch. 602, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.133, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0299, 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 87.064. Report of Central Registry Activities and Findings

Sec. 87.064.  REPORT OF CENTRAL REGISTRY ACTIVITIES AND FINDINGS.  (a)  The department shall publish an annual report of activities using data contained in the central registry.  The report shall include:
(1)  a description of research projects in progress since the last report and the sponsors and principal investigators directing each project;
(2)  results of the completed research projects either as an abstract or a complete scientific paper that has been reviewed and approved by an appropriate jury;
(3)  a summary of the statistical information compiled in the registry, including a specific discussion of any clusters, high or low incidences, or prevalences or trends encountered;
(4)  any policy, research, educational, or other recommendations the department considers appropriate;  and
(5)  such other information the editors of the report find is appropriate.
(b)  The department may publish periodic reports in addition to the annual report.
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 D. Central Registry › Section 87.065. Coordination With Mexico

Sec. 87.065.  COORDINATION WITH MEXICO.  In developing the central registry and conducting research in areas of this state that border Mexico, the department shall make every effort to coordinate its efforts with similar efforts and research programs in Mexico.
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 88 - Reports of Childhood Lead Poisoning › Section 88.002. Confidentiality

Sec. 88.002.  CONFIDENTIALITY.  (a)  Except as specifically authorized by this chapter, reports, records, and information furnished to a health authority, a regional director, or the department that relate to cases or suspected cases of children with reportable blood lead levels 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 childhood lead poisoning and children with reportable blood lead levels are not public information under the open records law, Chapter 552, Government Code, and may not be released or made public on subpoena or otherwise except as provided by this chapter.
(c)  Medical, epidemiologic, or toxicologic information may be released:
(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;
(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 related rules;
(4)  to appropriate federal agencies, such as the Centers for Disease Control and Prevention of the United States Public Health Service, except that the information must be limited to the information requested by the agency;  or
(5)  to medical personnel to the extent necessary in a medical emergency to protect the health or life of the child identified in the information.
(d)  The commissioner, a regional director or other department employee, a health authority or employee of a public health district, a health authority or employee of a county or municipal health department, or a public official of a county or municipality 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, examined, or treated for lead poisoning or about a child possessing reportable blood lead levels by the department, a public health district, a local health department, or a health authority without the consent of the child's parents, managing conservator, guardian, or other person authorized by law to give consent.
Added by Acts 1995, 74th Leg., ch. 965, Sec. 52, eff. Jan. 1, 1996.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0301, 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 88 - Reports of Childhood Lead Poisoning › Section 88.0025. Childhood Lead Poisoning Prevention

Sec. 88.0025.  CHILDHOOD LEAD POISONING PREVENTION.  The executive commissioner may adopt policies and procedures to promote the elimination of childhood lead poisoning within the state, and the department shall implement all adopted policies and procedures.  The executive commissioner may adopt measures to:
(1)  significantly reduce the incidence of childhood lead poisoning throughout the state;
(2)  improve public awareness of lead safety issues and educate both property owners and tenants about practices that can reduce the incidence of lead poisoning; and
(3)  encourage the testing of children likely to suffer the consequences of lead poisoning so that prompt diagnosis and treatment and the prevention of harm are possible.
Added by Acts 2003, 78th Leg., ch. 740, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0302, 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 88 - Reports of Childhood Lead Poisoning › Section 88.003. Reportable Health Condition

Sec. 88.003.  REPORTABLE HEALTH CONDITION.  (a)  Childhood blood lead levels that exceed the reference level are reportable.
(b)  The executive commissioner by rule may designate:
(1)  blood lead concentrations in children that must be reported; and
(2)  the ages of children for whom the reporting requirements apply.
(c)  The executive commissioner may adopt rules that establish a registry of children with blood lead levels that exceed the reference level and lead poisoning.
Added by Acts 1995, 74th Leg., ch. 965, Sec. 52, eff. Jan. 1, 1996.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0303, 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 88 - Reports of Childhood Lead Poisoning › Section 88.004. Persons Required to Report

Sec. 88.004.  PERSONS REQUIRED TO REPORT.  (a)  A person required to report childhood blood lead levels shall report to the department in the manner specified by department rule.  Except as provided by this section, a person required by this section to report must make the report immediately after the person gains knowledge of a child with a reportable blood lead level.
(b)  A physician shall report a case or suspected case of childhood lead poisoning or of a child with a reportable blood lead level after the physician's first examination of a child for whom reporting is required by this chapter or department rule.
(c)  A person in charge of an independent clinical laboratory, a hospital or clinic laboratory, or other facility in which a laboratory examination of a specimen derived from the human body yields evidence of a child with a reportable blood lead level shall report the findings to the department as required by department rule.
(d)  If a report is not made as required by Subsection (b) or (c), the following persons shall report a child's reportable blood lead level and all information known concerning the child:
(1)  the administrator of a hospital licensed under Chapter 241;
(2)  a registered nurse;
(3)  an administrator or director of a public or private child care facility;
(4)  an administrator of a home and community support services agency;
(5)  an administrator or health official of a public or private institution of higher education;
(6)  a superintendent, manager, or health official of a public or private camp, home, or institution;
(7)  a parent, managing conservator, or guardian; and
(8)  a health professional.
Added by Acts 1995, 74th Leg., ch. 965, Sec. 52, eff. Jan. 1, 1996.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0304, 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 88 - Reports of Childhood Lead Poisoning › Section 88.005. Reporting Procedures

Sec. 88.005.  REPORTING PROCEDURES.  (a)  The executive commissioner shall prescribe the form and method of reporting under this chapter, including a report in writing, by telephone, or by electronic data transmission.
(b)  The executive commissioner by rule may require the reports to contain any information relating to a case that is necessary for the purposes of this chapter, including:
(1)  the child's name, address, age, sex, and race;
(2)  the child's blood lead concentration;
(3)  the procedure used to determine the child's blood lead concentration; and
(4)  the name of the attending physician.
(c)  The commissioner may authorize an alternate routing of information in particular cases if the commissioner determines that the customary reporting procedure would cause the information to be unduly delayed.
Added by Acts 1995, 74th Leg., ch. 965, Sec. 52, eff. Jan. 1, 1996.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0305, 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 88 - Reports of Childhood Lead Poisoning › Section 88.006. Reports of Hospitalization; Death

Sec. 88.006.  REPORTS OF HOSPITALIZATION;  DEATH.  (a)  A physician who attends a child during the child's hospitalization shall immediately notify the department if the physician knows or suspects that the child has lead poisoning or a blood lead level that exceeds the reference level and the physician believes the lead poisoning or blood lead level resulted from the child's exposure to a dangerous level of lead that may be a threat to the public health.
(b)  A physician who attends a child during the child's last illness shall immediately notify the department if the physician:
(1)  knows or suspects that the child died of lead poisoning;  and
(2)  believes the lead poisoning resulted from the child's exposure to a dangerous level of lead that may be a threat to the public health.
(c)  An attending physician, health authority, or regional director, with the consent of the child's survivors, may request an autopsy if the physician, health authority, or regional director needs further information concerning the cause of death in order to protect the public health.  The health authority or regional director may order the autopsy to determine the cause of death if the child's survivors do not consent to the autopsy.  The autopsy results shall be reported to the department.
(d)  A justice of the peace acting as coroner or a medical examiner in the course of an inquest under Chapter 49, Code of Criminal Procedure, who finds that a child's cause of death was lead poisoning that resulted from exposure to a dangerous level of lead that the justice of the peace or medical examiner believes may be a threat to the public health shall immediately notify the health authority or the regional director in the jurisdiction in which the finding is made.
Added by Acts 1995, 74th Leg., ch. 965, Sec. 52, eff. Jan. 1, 1996.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0306, 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 88 - Reports of Childhood Lead Poisoning › Section 88.007. Department Rules for Follow-Up Care; Coordination of Care

Sec. 88.007.  DEPARTMENT RULES FOR FOLLOW-UP CARE; COORDINATION OF CARE.  (a)  The executive commissioner may adopt rules establishing standards for follow-up care provided to children with a confirmed blood lead level that exceeds the reference level.
(b)  Rules adopted under this section must meet any federal requirements for coordinated follow-up care for children with confirmed blood lead levels that exceed the reference level and may include, in a manner consistent with current federal guidelines:
(1)  an environmental lead investigation of all or parts of a child's home environment, child-care facility, or child-occupied facility that may be a source of a lead hazard causing or contributing to the child's lead exposure; and
(2)  guidance to parents, guardians, and consulting physicians on how to eliminate or control lead exposures that may be contributing to the child's blood lead level.
Added by Acts 2007, 80th Leg., R.S., Ch. 398 (S.B. 814), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0307, 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 88 - Reports of Childhood Lead Poisoning › Section 88.008. Environmental Lead Investigations

Sec. 88.008.  ENVIRONMENTAL LEAD INVESTIGATIONS.  (a)   On receiving a report of a child with a confirmed blood lead level warranting an environmental lead investigation, the department or its authorized agent may conduct an environmental lead investigation of:
(1)  the home environment in which the child resides, if the department or the department's authorized agent obtains the written consent of an adult occupant;
(2)  any child-care facility with which the child has regular contact and that may be contributing to the child's blood lead level, if the department or the department's authorized agent obtains the written consent of the owner, operator, or principal of the facility; and
(3)  any child-occupied facility with which the child has regular contact and that may be contributing to the child's blood lead level, if the department or the department's authorized agent obtains the written consent of:
(A)  the owner, operator, or principal of the facility; or
(B)  an adult occupant of the facility if the facility is subject to a lease agreement.
(b)  Notwithstanding the consent requirements under Subsection (a), consent for an investigation is not required to be in writing for an investigation related to a report of a child with a blood lead level of 45 micrograms per deciliter or more if a good faith attempt to contact the persons authorized to provide written consent under Subsection (a) has been unsuccessful.
Added by Acts 2007, 80th Leg., R.S., Ch. 398 (S.B. 814), Sec. 2, 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 88 - Reports of Childhood Lead Poisoning › Section 88.009. Environmental Lead Investigation Procedures

Sec. 88.009.  ENVIRONMENTAL LEAD INVESTIGATION PROCEDURES.  The executive commissioner may adopt rules establishing procedures for environmental lead investigations of dwellings and other premises subject to this chapter.  The rules must meet, but may not exceed, any requirements established under regulations adopted by the federal Environmental Protection Agency under Subchapter IV, Toxic Substances Control Act (15 U.S.C. Section 2681 et seq.).
Added by Acts 2007, 80th Leg., R.S., Ch. 398 (S.B. 814), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0308, 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 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter A. General Provisions › Section 89.001. Definitions

Sec. 89.001.  DEFINITIONS.  In this chapter:
(1)  "Community corrections facility" means a facility established under Chapter 509, Government Code.
(2)  "County jail" means a facility operated by or for a county for the confinement of persons accused or convicted of an offense and includes:
(A)  a facility operated by or for a county for the confinement of persons accused or convicted of an offense;
(B)  a county jail or a correctional facility authorized by Subchapter F, Chapter 351, Local Government Code;  and
(C)  a county correctional center authorized by Subchapter H, Chapter 351, Local Government Code.
(3)  "Governing body" means:
(A)  the commissioners court of a county, for a county jail;
(B)  the district judges governing a community corrections facility, for a community corrections facility;
(C)  the governing body of a municipality, for a jail operated by or under contract to a municipality;  or
(D)  the community supervision and corrections department, for a jail operated under contract to a community supervision and corrections department.
(4)  "Health authority" has the meaning assigned by Section 121.021.
(5)  "Jail" means:
(A)  a county jail; or
(B)  a facility for the confinement of persons accused of an offense that is:
(i)  operated by a municipality or a vendor under contract with a municipality under Subchapter F, Chapter 351, Local Government Code; or
(ii)  operated by a vendor under contract with a community supervision and corrections department under Chapter 76, Government Code.
(6)  "Local health department" means a health department created under Subchapter D, Chapter 121.
(7)  "Physician" means a person licensed to practice medicine in a state of the United States.
(8)  "Public health district" means a health district established under Subchapter E, Chapter 121.
(9)  "Screening test" means a rapid analytical laboratory or other procedure to determine the need for further diagnostic evaluation.
(10)  "Tuberculosis" means a disease caused by Mycobacterium tuberculosis or other members of the Mycobacterium tuberculosis complex.
Added by Acts 1993, 73rd Leg., ch. 786, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 7.07, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 348, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0309, 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 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter A. General Provisions › Section 89.002. Scope of Chapter

Sec. 89.002.  SCOPE OF CHAPTER.  Except as provided by Subchapter E, this chapter applies only to a jail that:
(1)  has a capacity of at least 100 beds;  or
(2)  houses inmates:
(A)  transferred from a county that has a jail that has a capacity of at least 100 beds;  or
(B)  from another state.
Added by Acts 1997, 75th Leg., ch. 348, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter B. Screening of Jail Employees and Volunteers › Section 89.011. Screening of Jail Employees and Volunteers

Sec. 89.011.  SCREENING OF JAIL EMPLOYEES AND VOLUNTEERS.  (a)  The governing body of a jail or community corrections facility, through the community supervision and corrections department, shall require that each employee or volunteer working or providing services in a jail or a community corrections facility, who meets the screening guidelines prescribed by department rule, present to the governing body a certificate signed by a physician that states that:
(1)  the employee or volunteer has been tested for tuberculosis infection in accordance with department rules; and
(2)  the results of the test indicate that the person does not have tuberculosis.
(b)  In lieu of a screening test, an employee or volunteer with a history of a positive screening test may provide:
(1)  documentation of that positive test result and of any diagnostic and therapeutic follow-up;  and
(2)  a certificate signed by a physician that states that the person does not have tuberculosis.
(c)  The health authority may require an employee or volunteer to have an additional screening test or medical examination if the department determines that an additional test or examination is necessary and appropriate to protect the public health.
(d)  An employee or volunteer is exempt from the screening test required by this section if:
(1)  the screening test conflicts with the tenets of an organized religion to which the individual belongs;  or
(2)  the screening test is medically contraindicated based on an examination by a physician.
Added by Acts 1993, 73rd Leg., ch. 786, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 348, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0310, 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 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter B. Screening of Jail Employees and Volunteers › Section 89.012. Follow-Up Evaluations and Treatment

Sec. 89.012.  FOLLOW-UP EVALUATIONS AND TREATMENT.  (a)  An employee or a volunteer with a positive screening test result must obtain a diagnostic evaluation from the person's own physician to determine if the person has tuberculosis.
(b)  If the employee or volunteer has tuberculosis, the governing body may not permit the person to begin or continue the person's employment duties or volunteer services unless the person is under treatment for the disease by a physician and the person provides to the governing body a certificate signed by the attending physician stating that the patient is noninfectious.
Added by Acts 1993, 73rd Leg., ch. 786, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 348, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter B. Screening of Jail Employees and Volunteers › Section 89.013. Certificate Required

Sec. 89.013.  CERTIFICATE REQUIRED.  (a)  The governing body or a designee of the governing body shall confirm that each employee or volunteer required to be screened under this subchapter has the required certificate.
(b)  The governing body may not permit an employee or volunteer to carry out the person's duties if the person does not have the required certificate.
Added by Acts 1993, 73rd Leg., ch. 786, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 348, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter B. Screening of Jail Employees and Volunteers › Section 89.014. Cost of Tests, Follow-Up, and Treatment

Sec. 89.014.  COST OF TESTS, FOLLOW-UP, AND TREATMENT.  The employee or volunteer shall pay the expense of a screening test, diagnostic evaluation, or other professional medical service required under this subchapter unless the commissioners court, the governing body of a municipality, or a local health department or public health district elects to provide the service.
Added by Acts 1993, 73rd Leg., ch. 786, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 348, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter C. Inmate Screening and Treatment › Section 89.051. Inmate Screening Required

Sec. 89.051.  INMATE SCREENING REQUIRED.  (a)  Each inmate in a jail or community corrections facility shall undergo a screening test for tuberculosis infection approved by the executive commissioner if:
(1)  the inmate will probably be confined in jail or a community corrections facility for more than seven days; and
(2)  the inmate meets the screening guidelines prescribed by department rules.
(b)  The inmate must be tested on or before the seventh day after the day the inmate is first confined.
(c)  An inmate listed by Subsection (a) is not required to be retested at each rebooking if the inmate is booked into a jail or a community corrections facility more than once during a 12-month period unless the inmate shows symptoms of tuberculosis or is known to have been exposed to tuberculosis.
(d)  An inmate is exempt from the screening test required by this section if:
(1)  the screening test conflicts with the tenets of an organized religion to which the individual belongs;  or
(2)  the screening test is medically contraindicated based on an examination by a physician.
Added by Acts 1993, 73rd Leg., ch. 786, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 348, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0311, 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 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter C. Inmate Screening and Treatment › Section 89.052. Rescreening; Diagnostic Evaluations

Sec. 89.052.  RESCREENING;  DIAGNOSTIC EVALUATIONS.  The department or a health authority may require a governing body to provide an additional screening test or a diagnostic evaluation if the department or health authority determines that an additional screening test or a diagnostic evaluation is necessary and appropriate to protect the health of the jail inmates, employees, volunteers, or the public.
Added by Acts 1993, 73rd Leg., ch. 786, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 348, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter C. Inmate Screening and Treatment › Section 89.053. Follow-Up Evaluations

Sec. 89.053.  FOLLOW-UP EVALUATIONS.  (a)  If an inmate has a confirmed positive screening test result, the governing body shall provide a diagnostic evaluation to determine whether the inmate has tuberculosis.
(b)  The sheriff, jail administrator, or director of the community corrections facility shall provide appropriate accommodations to an inmate who has tuberculosis or is suspected of having tuberculosis, including respiratory isolation, if necessary, and adequate medical care and treatment that meet the accepted standards of medical practice.
(c)  The jail or community corrections facility shall provide preventive therapy to an infected inmate if the preventive therapy is prescribed by the attending physician and the inmate consents to the treatment.
Added by Acts 1993, 73rd Leg., ch. 786, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 348, Sec. 8, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter C. Inmate Screening and Treatment › Section 89.054. Inmate Transfer and Release

Sec. 89.054.  INMATE TRANSFER AND RELEASE.  A copy of an inmate's medical records or documentation of screenings or treatment received during confinement must accompany an inmate transferred from one jail or community corrections facility to another or the Texas Department of Criminal Justice and be available for medical review on arrival of the inmate.
Added by Acts 1993, 73rd Leg., ch. 786, 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 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter D. Reporting; Rulemaking; Minimum Standards › Section 89.071. Reporting

Sec. 89.071.  REPORTING.  (a)  A case of tuberculosis shall be reported to the appropriate health authority or to the department not later than the third day after the day on which the diagnosis is suspected.
(b)  The results of a screening test shall be reported to the department monthly in a manner approved by the department.
Added by Acts 1993, 73rd Leg., ch. 786, 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 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter D. Reporting; Rulemaking; Minimum Standards › Section 89.072. Rulemaking

Sec. 89.072.  RULEMAKING.  The department shall recommend to the Commission on Jail Standards and the Texas Department of Criminal Justice rules to carry out this chapter, including rules describing:
(1)  the types of screening tests and diagnostic evaluations and the scope of the professional examinations that may be used to meet the requirements of this chapter;
(2)  the categories of employees, volunteers, or inmates who must have a screening test under this chapter;
(3)  the form and content of the certificate required under Subchapter B  for employees and volunteers;
(4)  the deadlines for filing a certificate;
(5)  the transfer of employee or volunteer certificates and inmate records between facilities;
(6)  the frequency of screening tests for employees, volunteers, and inmates;
(7)  the criteria for requiring an additional screening test or a diagnostic evaluation or examination;  and
(8)  the reporting of a screening test or an evaluation or examination result to the appropriate health authority or to the department.
Added by Acts 1993, 73rd Leg., ch. 786, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 348, Sec. 9, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter D. Reporting; Rulemaking; Minimum Standards › Section 89.073. Adoption of Local Standards

Sec. 89.073.  ADOPTION OF LOCAL STANDARDS.  (a)  The standards prescribed by this chapter and the rules adopted by the executive commissioner relating to screening tests or examinations for tuberculosis required for certain employees and volunteers are minimum standards.
(b)  With the prior approval of the department:
(1)  a governing body may adopt and enforce standards for carrying out this chapter if the standards are compatible with and equal to or more stringent than the standards prescribed by this chapter and department rules; and
(2)  a private facility may adopt and enforce standards for carrying out this chapter if the standards are compatible with and equal to or more stringent than the standards prescribed by this chapter and department rules.
(c)  The executive commissioner shall adopt substantive and procedural rules to govern the submission of standards adopted under Subsection (b).  At a minimum these rules must contain:
(1)  a procedure for the submission of standards for departmental review; and
(2)  an internal departmental appeal process by which a governing body or private entity may seek a review of the department's decision to reject proposed standards.
Added by Acts 1993, 73rd Leg., ch. 786, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 348, Sec. 10, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0312, 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 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter E. Continuity of Care › Section 89.101. Definitions

Sec. 89.101.  DEFINITIONS.  In this subchapter:
(1)  "Corrections facility" means:
(A)  a jail or community corrections facility, without regard to whether the jail or facility satisfies the requirements of Section 89.002;
(B)  any correctional facility operated by or under contract with a division of the Texas Department of Criminal Justice; or
(C)  a detention facility operated by the Texas Juvenile Justice Department.
(2)  "Offender" means a juvenile or adult who is arrested or charged with a criminal offense.
Added by Acts 1997, 75th Leg., ch. 348, Sec. 11, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0313, 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 89 - Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities › Subchapter E. Continuity of Care › Section 89.102. Report of Release

Sec. 89.102.  REPORT OF RELEASE.  A corrections facility shall report to the department the release of an offender who is receiving treatment for tuberculosis.  The department shall arrange for continuity of care for the offender.
Added by Acts 1997, 75th Leg., ch. 348, Sec. 11, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 92 - Injury Prevention and Control › Subchapter A. General Provisions › Section 92.001. Definitions

Sec. 92.001.  DEFINITIONS.  In this chapter:
(1)  "Injury" means damage to the body that results from intentional or unintentional acute exposure to thermal, mechanical, electrical, or chemical energy or from the absence of essentials such as heat or oxygen.
(2)  "Reportable injury" means an injury or condition required to be reported under this subchapter.
(3)  "Traumatic brain injury" means an acquired injury to the brain, including brain injuries caused by anoxia due to near drowning.  The term does not include brain dysfunction caused by congenital or degenerative disorders or birth trauma.
Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 87.001 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 88.001 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997.  Amended by Acts 1997, 75th Leg., ch. 893, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1088, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 92 - Injury Prevention and Control › Subchapter A. General Provisions › Section 92.002. Reportable Injury; Rules

Sec. 92.002.  REPORTABLE INJURY; RULES.  (a)  Spinal cord injuries, traumatic brain injuries, and submersion injuries are reportable to the department.  The executive commissioner by rule shall define those terms for reporting purposes.
(b)  The executive commissioner may adopt rules that require other injuries to be reported under this subchapter.
(c)  The executive commissioner shall maintain and revise, as necessary, the list of reportable injuries.
(d)  The executive commissioner shall adopt rules necessary to administer this subchapter.
Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 87.002 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 88.002 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997.  Amended by Acts 1997, 75th Leg., ch. 893, Sec. 2, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1088, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0314, 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 92 - Injury Prevention and Control › Subchapter A. General Provisions › Section 92.003. Reporting Requirements

Sec. 92.003.  REPORTING REQUIREMENTS.  (a)  The following persons shall report cases or suspected cases of reportable injuries to the department:
(1)  a physician who diagnoses or treats a reportable injury;  and
(2)  a medical examiner or justice of the peace.
(b)  The department may contact a physician attending a person with a case or suspected case of a reportable injury.
(c)  The department shall prescribe the form and method of reporting.  The department may require the reports to contain any information, including the person's name, address, age, sex, race, occupation, employer, and attending physician, necessary to achieve the purposes of this subchapter.
Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 87.003 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 88.003 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997.  Amended by Acts 1997, 75th Leg., ch. 893, Sec. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1088, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0315, 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 92 - Injury Prevention and Control › Subchapter A. General Provisions › Section 92.004. Powers and Duties of Department

Sec. 92.004.  POWERS AND DUTIES OF DEPARTMENT.  (a)  The department may enter into contracts or agreements as necessary to carry out this subchapter. The contracts or agreements may provide for payment by the state for materials, equipment, and services.
(b)  The department may seek, receive, and spend any funds received through appropriations, grants, donations, or contributions from public or private sources for the purpose of identifying, reporting, or preventing those injuries determined by the executive commissioner to be harmful or to be a threat to the public health.
(c)  Subject to the confidentiality provisions of this subchapter, the department shall evaluate the reports of injuries to establish the nature and magnitude of the hazards associated with those injuries, to reduce the occurrence of those risks, and to establish any trends involved.
(d)  The department may make inspections and investigations as authorized by this subchapter and other law.
Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 87.004 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 88.004 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1088, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0316, 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 92 - Injury Prevention and Control › Subchapter A. General Provisions › Section 92.005. Access to Information

Sec. 92.005.  ACCESS TO INFORMATION.  Subject to the confidentiality provisions of this subchapter, the department may collect, or cause to be collected, medical, demographic, or epidemiologic information from any medical or laboratory record or file to help the department in the epidemiologic investigation of injuries and their causes.
Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 87.005 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 88.005 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1088, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 92 - Injury Prevention and Control › Subchapter A. General Provisions › Section 92.006. Confidentiality

Sec. 92.006.  CONFIDENTIALITY.  (a)  All information and records relating to injuries are confidential, including information from injury investigations.  That information may not be released or made public on subpoena or otherwise, except that release may be made:
(1)  for statistical purposes, but only if a person is not identified;
(2)  with the consent of each person identified in the information released;  or
(3)  to medical personnel in a medical emergency to the extent necessary to protect the health or life of the named person.
(b)  The executive commissioner shall adopt rules establishing procedures to ensure that all information and records maintained by the department under this subchapter are kept confidential and protected from release to unauthorized persons.
(c)  The commissioner, the commissioner's designee, the executive commissioner, or an employee of the department or commission may not be examined in a judicial or other proceeding about the existence or contents of pertinent records of, investigation reports of, or reports or information about a person examined or treated for an injury without that person's consent.
Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 87.006 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 88.006 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1088, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0317, 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 92 - Injury Prevention and Control › Subchapter A. General Provisions › Section 92.007. Investigations

Sec. 92.007.  INVESTIGATIONS.  (a)  The department shall investigate the causes of injuries and methods of prevention.
(b)  The department may enter at reasonable times and inspect within reasonable limits a public place or building, including a public conveyance, in the department's duty to prevent an injury.
(c)  The department may not enter a private residence to conduct an investigation about the causes of injuries without first receiving permission from a lawful adult occupant of the residence.
Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 87.007 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 88.007 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0318, 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 92 - Injury Prevention and Control › Subchapter A. General Provisions › Section 92.009. Coordination With Texas Department of Insurance

Sec. 92.009.  COORDINATION WITH TEXAS DEPARTMENT OF INSURANCE.  The department and the Texas Department of Insurance shall enter into a memorandum of understanding which shall include the following:
(1)  the department and the Texas Department of Insurance shall exchange relevant injury data on an ongoing basis notwithstanding Section 92.006;
(2)  confidentiality of injury data provided to the department by the Texas Department of Insurance is governed by Subtitle A, Title 5, Labor Code;
(3)  confidentiality of injury data provided to the Texas Department of Insurance by the department is governed by Section 92.006; and
(4)  cooperation in conducting investigations of work-related injuries.
Added by Acts 1993, 73rd Leg., ch. 41, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 87.009 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(18), eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 88.009 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(53), eff. Sept. 1, 1997.  Amended by Acts 1997, 75th Leg., ch. 893, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.101, 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 93.001. Definitions

Sec. 93.001.  DEFINITIONS.  In this chapter:
(1)  "Cardiovascular disease" means the group of diseases that target the heart and blood vessels and that are the result of complex interactions between multiple inherited traits and environmental factors.
(2)  "Council" means the Council on Cardiovascular Disease and Stroke.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.