CHAPTER 81. COMMUNICABLE DISEASES

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HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES

CHAPTER 81. COMMUNICABLE DISEASES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 81.001. SHORT TITLE. This chapter may be cited as the

Communicable Disease Prevention and Control Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.002. RESPONSIBILITY OF STATE AND PUBLIC. The state has

a duty to protect the public health. Each person shall act

responsibly to prevent and control communicable disease.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.003. DEFINITIONS. In this chapter:

(1) "Communicable disease" means an illness that occurs through

the transmission of an infectious agent or its toxic products

from a reservoir to a susceptible host, either directly, as from

an infected person or animal, or indirectly through an

intermediate plant or animal host, a vector, or the inanimate

environment.

(2) "Health authority" means:

(A) a physician appointed as a health authority under Chapter

121 (Local Public Health Reorganization Act) or the health

authority's designee; or

(B) a physician appointed as a regional director under Chapter

121 (Local Public Health Reorganization Act) who performs the

duties of a health authority or the regional director's designee.

(3) "Health professional" means an individual whose:

(A) vocation or profession is directly or indirectly related to

the maintenance of the health of another individual or of an

animal; 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.

(4) "Local health department" means a department created under

Chapter 121 (Local Public Health Reorganization Act).

(5) "Physician" means a person licensed to practice medicine by

the Texas State Board of Medical Examiners.

(6) "Public health district" means a district created under

Chapter 121 (Local Public Health Reorganization Act).

(7) "Public health disaster" means:

(A) a declaration by the governor of a state of disaster; and

(B) a determination by the commissioner that there exists an

immediate threat from a communicable disease that:

(i) poses a high risk of death or serious long-term disability

to a large number of people; and

(ii) creates a substantial risk of public exposure because of

the disease's high level of contagion or the method by which the

disease is transmitted.

(8) "Reportable disease" includes only a disease or condition

included in the list of reportable diseases.

(9) "Resident of this state" means a person who:

(A) is physically present and living voluntarily in this state;

(B) is not in the state for temporary purposes; and

demonstrated by the presence of personal effects at a specific

abode in the state; employment in the state; possession of a

Texas driver's license, motor vehicle registration, voter

registration, or other similar documentation; or other pertinent

evidence.

(10) "School authority" means:

(A) the superintendent of a public school system or the

superintendent's designee; or

(B) the principal or other chief administrative officer of a

private school.

(11) "Sexually transmitted disease" means an infection, with or

without symptoms or clinical manifestations, that may be

transmitted from one person to another during, or as a result of,

sexual relations between two persons and that may:

(A) produce a disease in, or otherwise impair the health of,

either person; or

(B) cause an infection or disease in a fetus in utero or a

newborn.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.167, eff. Sept.

1, 2003.

Sec. 81.004. ADMINISTRATION OF CHAPTER. (a) The commissioner

is responsible for the general statewide administration of this

chapter.

(b) The board may adopt rules necessary for the effective

administration and implementation of this chapter.

perform a duty imposed on the board under this chapter except as

otherwise required by law.

(d) A designee of the commissioner may exercise a power granted

to or perform a duty imposed on the commissioner under this

chapter except as otherwise required by law.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.168, eff. Sept.

1, 2003.

Sec. 81.005. 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 materials, equipment, and services.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.006. FUNDS. The department may seek, receive, and spend

appropriations, grants, fees, or donations for the purpose of

identifying, reporting, preventing, or controlling communicable

diseases or conditions determined to be injurious or to be a

threat to the public health subject to any limitations or

conditions prescribed by the legislature.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.007. LIMITATION ON LIABILITY. A private individual

performing duties in compliance with orders or instructions of

the department or a health authority issued under this chapter is

not liable for the death of or injury to a person or for damage

to property, except in a case of wilful misconduct or gross

negligence.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.008. COMMUNICABLE DISEASE IN ANIMALS; EXCHANGE OF

INFORMATION. The Texas Animal Health Commission and the Texas

A&M University Veterinary Diagnostic Laboratory shall each

adopt by rule a memorandum of understanding with the department

to exchange information on communicable diseases in animals.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.009. EXEMPTION FROM MEDICAL TREATMENT. (a) This

chapter does not authorize or require the medical treatment of an

individual who chooses treatment by prayer or spiritual means as

part of the tenets and practices of a recognized church of which

the individual is an adherent or member. However, the individual

may be isolated or quarantined in an appropriate facility and

shall obey the rules, orders, and instructions of the department

or health authority while in isolation or quarantine.

(b) An exemption from medical treatment under this section does

not apply during an emergency or an area quarantine or after the

issuance by the governor of an executive order or a proclamation

under Chapter 418, Government Code (Texas Disaster Act of 1975).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.010. INTERAGENCY COORDINATING COUNCIL FOR HIV AND

HEPATITIS. (a) In this section, "AIDS" and "HIV" have the

meanings assigned by Section 85.002.

(b) The Interagency Coordinating Council for HIV and Hepatitis

facilitates communication between state agencies concerning

policies relating to AIDS, HIV, and hepatitis.

following agencies appointed by the executive director or

commissioner of each agency:

(1) the Department of State Health Services;

(2) the Department of Aging and Disability Services;

(3) the Department of Assistive and Rehabilitative Services;

(4) the Department of Family and Protective Services;

(5) the Texas Youth Commission;

(6) the Texas Department of Criminal Justice;

(7) the Texas Juvenile Probation Commission;

(8) the Texas Education Agency;

(9) the Texas Medical Board;

(10) the Texas Board of Nursing;

(11) the State Board of Dental Examiners;

(12) the Health and Human Services Commission;

(13) the Texas Workforce Commission; and

(14) the Texas Higher Education Coordinating Board.

(d) All representatives appointed to the council must be

directly involved in policy or program activities related to

services for AIDS, HIV, or hepatitis for their respective

agencies.

(e) The representative from the Health and Human Services

Commission serves as chairperson of the council.

(f) The council may meet on meeting dates set by the council.

Each agency that has a representative appointed to the council

should ensure that a representative of the agency attends each

meeting of the council.

(g) The council shall provide an opportunity for interested

members of the public, including consumers and providers of

health services, to provide recommendations and information to

the council during:

(1) any meeting at which the council intends to vote or votes on

any matter; and

(2) at least one of any two consecutive meetings of the council.

(h) The council shall:

(1) coordinate communication among the member agencies listed in

Subsection (c) concerning each agency's programs in providing

services related to AIDS, HIV, and hepatitis;

(2) develop a plan that facilitates coordination of agency

programs based on statistical information regarding this state

for:

(A) prevention of AIDS, HIV infection, and hepatitis; and

(B) provision of services to individuals who have hepatitis or

are infected with HIV;

(3) identify all statewide plans related to AIDS, HIV, and

hepatitis;

(4) compile a complete inventory of all federal, state, and

local money spent in this state on HIV infection, AIDS, and

hepatitis prevention and health care services, including services

provided through or covered under Medicaid and Medicare;

(5) identify the areas with respect to which state agencies

interact on HIV, AIDS, and hepatitis issues and the policy issues

arising from that interaction;

(6) assess gaps in prevention and health care services for HIV

infection, AIDS, and hepatitis in this state, including gaps in

services that result from provision of services by different

state agencies, and develop strategies to address these gaps

through service coordination;

(7) identify barriers to prevention and health care services for

HIV infection, AIDS, and hepatitis faced by marginalized

populations;

(8) identify the unique health care service and other service

needs of persons who are infected with HIV or who have AIDS or

hepatitis;

(9) evaluate the level of service and quality of health care in

this state for persons who are infected with HIV or who have AIDS

or hepatitis as compared to national standards;

(10) identify issues that emerge related to HIV, AIDS, and

hepatitis and the potential impact on delivery of prevention and

health care services; and

(11) provide the information required under Subdivisions (1)

through (10) to the Department of State Health Services.

(h-1) Each agency listed in Subsection (c) shall provide

information under Subsection (h) to the council. The council may

request information under Subsection (h) from an agency, and the

agency shall comply with the request.

(i) Not later than September 1 of each year, the Department of

State Health Services shall file a report with the legislature

and the governor containing policy recommendations based on

information reported to the council in Subsection (h) relating

to:

(1) prevention of AIDS, HIV infection, and hepatitis; and

(2) delivery of health services to individuals who have AIDS or

hepatitis or are infected with HIV.

(j) The council shall establish advisory committees composed of

representatives from associations, consumer advocates, and

regulatory agencies, boards, or commissions as needed to assist

in carrying out its duties under this section.

(k) The Health and Human Services Commission shall provide

administrative support to the council.

Added by Acts 1993, 73rd Leg., ch. 708, Sec. 1, eff. Sept. 1,

1993. Amended by ; Acts 1995, 74th Leg., ch. 835, Sec. 24, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 6.38, eff.

Sept. 1, 1997. Renumbered from Sec. 85.017 and amended by Acts

2001, 77th Leg., ch. 195, Sec. 1, eff. Sept. 1, 2001; Acts 2003,

78th Leg., ch. 553, Sec. 2.008, eff. Feb. 1, 2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

670, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 61, eff. September 1, 2007.

Sec. 81.011. REQUEST FOR INFORMATION. In times of emergency or

epidemic declared by the commissioner, the department is

authorized to request information pertaining to names, dates of

birth, and most recent addresses of individuals from the driver's

license records of the Department of Public Safety for the

purpose of notification to individuals of the need to receive

certain immunizations or diagnostic, evaluation, or treatment

services for suspected communicable diseases.

Added by Acts 1991, 72th Leg., ch. 898, Sec. 3, eff. September 1,

1991.

Redesignated from Health and Safety Code Sec. 81.023, subsec. (d)

and amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.169, eff.

Sept. 1, 2003.

SUBCHAPTER B. PREVENTION

Sec. 81.021. BOARD'S DUTY. The board shall exercise its power

in matters relating to protecting the public health to prevent

the introduction of disease into the state.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.022. HEALTH EDUCATION. (a) The department may conduct

a program of health education for the prevention and control of

communicable disease.

(b) The department may contract for presentations to increase

the public awareness of individual actions needed to prevent and

control communicable disease. The types of presentations include

mass media productions, outdoor display advertising, newspaper

advertising, literature, bulletins, pamphlets, posters, and

audiovisual displays.

curriculum to the State Board of Education.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.023. IMMUNIZATION. (a) The board shall develop

immunization requirements for children.

(b) The board shall cooperate with the Department of Protective

and Regulatory Services in formulating and implementing the

immunization requirements for children admitted to child-care

facilities.

in formulating and implementing immunization requirements for

students admitted to public or private primary or secondary

schools.

(d) Redesignated as V.T.C.A., Health and Safety Code Sec. 81.011

by Acts 2003, 78th Leg., ch. 198, Sec. 2.169.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 898, Sec. 3, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 76, Sec. 8.075, eff. Sept. 1,

1995; Acts 2003, 78th Leg., ch. 198, Sec. 2.169, eff. Sept. 1,

2003.

Sec. 81.024. REPORTS BY BOARD. The board shall provide regular

reports of the incidence, prevalence, and medical and economic

effects of each disease that the board determines is a

threatening risk to the public health. A disease may be a risk

because of its indirect complications.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER C. REPORTS AND REPORTABLE DISEASES

Sec. 81.041. REPORTABLE DISEASES. (a) The board shall identify

each communicable disease or health condition that shall be

reported under this chapter.

(b) The board shall classify each reportable disease according

to its nature and the severity of its effect on the public

health.

reportable diseases.

(d) The board may establish registries for reportable diseases

and other communicable diseases and health conditions. The

provision to the department of information relating to a

communicable disease or health condition that is not classified

as reportable is voluntary only.

(e) Acquired immune deficiency syndrome and human

immunodeficiency virus infection are reportable diseases under

this chapter for which the board shall require reports.

(f) In a public health disaster, the commissioner may require

reports of communicable diseases or other health conditions from

providers without board rule or action. The commissioner shall

issue appropriate instructions relating to complying with the

reporting requirements of this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.170, eff. Sept.

1, 2003.

Sec. 81.042. PERSONS REQUIRED TO REPORT. (a) A report under

Subsection (b), (c), or (d) shall be made to the local health

authority.

(b) A dentist or veterinarian licensed to practice in this state

or a physician shall report, after the first professional

encounter, a patient or animal examined that has or is suspected

of having a reportable disease.

school who is suspected of having a reportable disease. The board

by rule shall establish procedures to determine if a child should

be suspected and reported and to exclude the child from school

pending appropriate medical diagnosis or recovery.

(d) A person in charge of a clinical or hospital laboratory,

blood bank, mobile unit, or other facility in which a laboratory

examination of a specimen derived from a human body yields

microscopical, cultural, serological, or other evidence of a

reportable disease shall report the findings, in accordance with

this section and procedures adopted by the board, in the

jurisdiction in which:

(1) the physician's office is located, if the laboratory

examination was requested by a physician; or

(2) the laboratory is located, if the laboratory examination was

not requested by a physician.

(e) The following persons shall report to the local health

authority or the department a suspected case of a reportable

disease and all information known concerning the person who has

or is suspected of having the disease if a report is not made as

required by Subsections (a)-(d):

(1) a professional registered nurse;

(2) an administrator or director of a public or private

temporary or permanent child-care facility;

(3) an administrator or director of a nursing home, personal

care home, maternity home, adult respite care center, or adult

day-care center;

(4) an administrator of a home health agency;

(5) an administrator or health official of a public or private

institution of higher education;

(6) an owner or manager of a restaurant, dairy, or other food

handling or processing establishment or outlet;

(7) a superintendent, manager, or health official of a public or

private camp, home, or institution;

(8) a parent, guardian, or householder;

(9) a health professional;

(10) an administrator or health official of a penal or

correctional institution; or

(11) emergency medical service personnel, a peace officer, or a

firefighter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.171, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 1312, Sec. 7, eff. June 21,

2003.

Sec. 81.043. RECORDS AND REPORTS OF HEALTH AUTHORITY. (a) Each

health authority shall keep a record of each case of a reportable

disease that is reported to the authority.

(b) Except as provided by Subsection (c), a health authority

shall report reportable diseases to the department's central

office at least as frequently as the interval set by board rule.

department's central office all cases reported to the authority

during the previous week of:

(1) acquired immune deficiency syndrome; and

(2) human immunodeficiency virus infection.

(d) A health authority must include in a report filed under

Subsection (c) all information required by the department for

purposes of this section or other law, including:

(1) an infected person's city and county of residence, age,

gender, race, ethnicity, and national origin; and

(2) the method by which the disease was transmitted.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.172, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

447, Sec. 1, eff. September 1, 2007.

Sec. 81.044. REPORTING PROCEDURES. (a) The board shall

prescribe the form and method of reporting under this chapter,

which may be in writing, by telephone, by electronic data

transmission, or by other means.

(b) The board may require the reports to contain any information

relating to a case that is necessary for the purposes of this

chapter, including:

(1) the patient's name, address, age, sex, race, and occupation;

(2) the date of onset of the disease or condition;

(3) the probable source of infection; and

(4) the name of the attending physician or dentist.

information in particular cases if the commissioner determines

that the reporting procedure would cause the information to be

unduly delayed.

(d) For a case of acquired immune deficiency syndrome or human

immunodeficiency virus infection, the department shall require

the reports to contain:

(1) the information described by Subsection (b); and

(2) the patient's ethnicity, national origin, and city and

county of residence.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

447, Sec. 2, eff. September 1, 2007.

For expiration of this section, see Subsection (e).

Sec. 81.0445. MRSA REPORTING PROCEDURES PILOT PROGRAM. (a) The

executive commissioner of the Health and Human Services

Commission by rule shall develop and the department shall

establish a pilot program to research and implement procedures

for reporting cases of methicillin-resistant Staphylococcus

aureus (MRSA) infection. A health authority shall not be

required to participate in the pilot program.

(b) A health authority that participates in the pilot program

shall administer the program locally and report to the department

as required by this section.

(1) require all clinical laboratories, including hospital

laboratories and clinical reference laboratories, within the area

served by each health authority participating in the pilot

program to report all positive cases of methicillin-resistant

Staphylococcus aureus infection, including infections contracted

in a community setting, a health care facility, and any other

setting, to the applicable health authority using automated and

secure electronic data transmission;

(2) track the prevalence of methicillin-resistant Staphylococcus

aureus infections;

(3) evaluate the cost and feasibility of expanding the list of

reportable diseases established under this chapter to include

methicillin-resistant Staphylococcus aureus infections;

(4) develop a methodology for the electronic transfer of

information regarding methicillin-resistant Staphylococcus aureus

infections within the area served by each health authority

participating in the pilot program;

(5) collect data and analyze findings regarding the prevalence

of methicillin-resistant Staphylococcus aureus infections;

(6) provide for the reporting to the public by the department of

information regarding methicillin-resistant Staphylococcus aureus

infections;

(7) compile and make available to the public a summary report;

and

(8) make recommendations to the department regarding

Subdivisions (1) through (7).

(d) Not later than September 1, 2011, the department, in

consultation with each health authority participating in the

pilot program, shall submit to the legislature a report

concerning the effectiveness of the pilot program.

(d-1) A health care facility located in an area served by a

health authority participating in the pilot program is not

required to report an incident of methicillin-resistant

Staphylococcus aureus infection to the Department of State Health

Services under Section 98.103, as added by Chapter 359 (S.B.

288), Acts of the 80th Legislature, Regular Session, 2007. The

health authority shall report each incident subject to Section

98.103 to the Department of State Health Services.

(e) This section expires, and the pilot program is abolished,

September 1, 2011.

Added by Acts 2007, 80th Leg., R.S., Ch.

656, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

369, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

369, Sec. 1, eff. September 1, 2009.

Sec. 81.045. REPORTS OF DEATH. (a) A physician who attends a

person during the person's last illness shall immediately notify

the health authority of the jurisdiction in which the person's

death is pronounced or the department if the physician knows or

suspects that the person died of a reportable disease or other

communicable disease that the physician believes may be a threat

to the public health.

(b) An attending physician or health authority, with consent of

the survivors, may request an autopsy if the physician or health

authority needs further information concerning the cause of death

in order to protect the public health. The health authority shall

order the autopsy to determine the cause of death if there are no

survivors or the survivors withhold consent to the autopsy. The

autopsy results shall be reported to the department.

examiner in the course of an inquest under Chapter 49, Code of

Criminal Procedure, who finds that a person's cause of death was

a reportable disease or other communicable disease that the

coroner or medical examiner believes may be a threat to the

public health shall immediately notify the health authority of

the jurisdiction in which the finding is made or the department.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.046. CONFIDENTIALITY. (a) Reports, records, and

information received from any source, including from a federal

agency or from another state, furnished to a public health

district, a health authority, a local health department, or the

department that relate to cases or suspected cases of diseases or

health conditions 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 diseases or 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 Subsections (c), (d), and (f).

(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 treating the individual, appropriate

state agencies in this state or another state, a health authority

or local health department in this state or another state, or

federal, county, or district courts to comply with this chapter

and related rules relating to the control and treatment of

communicable diseases and health conditions or under another

state or federal law that expressly authorizes the disclosure of

this information;

(4) to appropriate federal agencies, such as the Centers for

Disease Control and Prevention of the United States Public Health

Service, but the information must be limited to the name,

address, sex, race, and occupation of the patient, the date of

disease onset, the probable source of infection, and other

requested information relating to the case or suspected case of a

communicable disease or health condition; or

(5) to medical personnel to the extent necessary in a medical

emergency to protect the health or life of the person identified

in the information.

(d) In a case of sexually transmitted disease involving a minor

under 13 years of age, information may not be released, except

that the child's name, age, and address and the name of the

disease may be released to appropriate agents as required by

Chapter 261, Family Code. If that information is required in a

court proceeding involving child abuse, the information shall be

disclosed in camera.

(e) A state or public health district officer or employee, local

health department officer or employee, or health authority 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 person examined or treated

for a reportable disease by the public health district, local

health department, or health authority without that person's

consent.

(f) Reports, records, and information relating to cases or

suspected cases of diseases or health conditions may be released

to the extent necessary during a public health disaster to law

enforcement personnel solely for the purpose of protecting the

health or life of the person identified in the report, record, or

information. Only the minimum necessary information may be

released under this subsection, as determined by the health

authority, the local health department, or the department.

(g) A judge of a county or district court may issue a protective

order or take other action to limit disclosure of medical or

epidemiological information obtained under this section before

that information is entered into evidence or otherwise disclosed

in a court proceeding.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.39, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 2.173, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

788, Sec. 1, eff. June 19, 2009.

Sec. 81.047. EPIDEMIOLOGICAL REPORTS. Subject to the

confidentiality requirements of this chapter, the department

shall require epidemiological reports of disease outbreaks and of

individual cases of disease suspected or known to be of

importance to the public health. The department shall evaluate

the reports to determine the trends involved and the nature and

magnitude of the hazards.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.048. NOTIFICATION OF EMERGENCY PERSONNEL, PEACE

OFFICERS, DETENTION OFFICERS, COUNTY JAILERS, AND FIRE FIGHTERS.

(a) The board shall:

(1) designate certain reportable diseases for notification under

this section; and

(2) define the conditions that constitute possible exposure to

those diseases.

(b) Notice of a positive test result for a reportable disease

designated under Subsection (a) shall be given to an emergency

medical service personnel, peace officer, detention officer,

county jailer, or fire fighter as provided by this section if:

(1) the emergency medical service personnel, peace officer,

detention officer, county jailer, or fire fighter delivered a

person to a hospital as defined by Section 74.001, Civil Practice

and Remedies Code;

(2) the hospital has knowledge that the person has a reportable

disease and has medical reason to believe that the person had the

disease when the person was admitted to the hospital; and

(3) the emergency medical service personnel, peace officer,

detention officer, county jailer, or fire fighter was exposed to

the reportable disease during the course of duty.

(1) by the hospital to the local health authority;

(2) by the local health authority to the director of the

appropriate department of the entity that employs the emergency

medical service personnel, peace officer, detention officer,

county jailer, or fire fighter; and

(3) by the director to the employee affected.

(d) A person notified of a possible exposure under this section

shall maintain the confidentiality of the information as provided

by this chapter.

(e) A person is not liable for good faith compliance with this

section.

(f) This section does not create a duty for a hospital to

perform a test that is not necessary for the medical management

of the person delivered to the hospital.

(g) A hospital that gives notice of a possible exposure under

Subsection (c) or a local health authority that receives notice

of a possible exposure under Subsection (c) may give notice of

the possible exposure to a person other than emergency medical

personnel, a peace officer, a detention officer, a county jailer,

or a fire fighter if the person demonstrates that the person was

exposed to the reportable disease while providing emergency care.

The executive commissioner of the Health and Human Services

Commission shall adopt rules to implement this subsection.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2005, 79th Leg., Ch.

135, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

243, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

243, Sec. 2, eff. September 1, 2005.

Sec. 81.049. FAILURE TO REPORT; CRIMINAL PENALTY. (a) A person

commits an offense if the person knowingly fails to report a

reportable disease or health condition under this subchapter.

(b) An offense under this section is a Class B misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.050. MANDATORY TESTING OF PERSONS SUSPECTED OF EXPOSING

CERTAIN OTHER PERSONS TO REPORTABLE DISEASES, INCLUDING HIV

INFECTION. (a) The board by rule shall prescribe the criteria

that constitute exposure to reportable diseases, including HIV

infection. The criteria must be based on activities that the

United States Public Health Service determines pose a risk of

infection.

(b) A person whose occupation or whose volunteer service is

included in one or more of the following categories may request

the department or a health authority to order testing of another

person who may have exposed the person to a reportable disease,

including HIV infection:

(1) a law enforcement officer;

(2) a fire fighter;

(3) an emergency medical service employee or paramedic;

(4) a correctional officer;

(5) an employee, contractor, or volunteer, other than a

correctional officer, who performs a service in a correctional

facility as defined by Section 1.07, Penal Code, or a secure

correctional facility or secure detention facility as defined by

Section 51.02, Family Code; or

(6) an employee of a juvenile probation department.

(1) has experienced the exposure in the course of the person's

employment or volunteer service;

(2) believes that the exposure places the person at risk of a

reportable disease, including HIV infection; and

(3) presents to the department or health authority a sworn

affidavit that delineates the reasons for the request.

(d) The department or the department's designee who meets the

minimum training requirements prescribed by board rule shall

review the person's request and inform the person whether the

request meets the criteria establishing risk of infection with a

reportable disease, including HIV infection.

(e) The department or the department's designee shall give the

person who is subject to the order prompt and confidential

written notice of the order. The order must:

(1) state the grounds and provisions of the order, including the

factual basis for its issuance;

(2) refer the person to appropriate health care facilities where

the person can be tested for reportable diseases, including HIV

infection; and

(3) inform the person who is subject to the order of that

person's right to refuse to be tested and the authority of the

department or health authority to ask for a court order requiring

the test.

(f) If the person who is subject to the order refuses to comply,

the prosecuting attorney who represents the state in district

court, on request of the department or the department's designee,

shall petition the district court for a hearing on the order. The

person who is subject to the order has the right to an attorney

at the hearing, and the court shall appoint an attorney for a

person who cannot afford legal representation. The person may not

waive the right to an attorney unless the person has consulted

with an attorney.

(g) In reviewing the order, the court shall determine whether

exposure occurred and whether that exposure presents a possible

risk of infection as defined by board rule. The attorney for the

state and the attorney for the person subject to the order may

introduce evidence at the hearing in support of or opposition to

the testing of the person. On conclusion of the hearing, the

court shall either issue an appropriate order requiring

counseling and testing of the person for reportable diseases,

including HIV infection, or refuse to issue the order if the

court has determined that the counseling and testing of the

person is unnecessary. The court may assess court costs against

the person who requested the test if the court finds that there

was not reasonable cause for the request.

(h) The department or the department's designee shall inform the

person who requested the order of the results of the test. If the

person subject to the order is found to have a reportable

disease, the department or the department's designee shall inform

that person and the person who requested the order of the need

for medical follow-up and counseling services. The department or

the department's designee shall develop protocols for coding test

specimens to ensure that any identifying information concerning

the person tested will be destroyed as soon as the testing is

complete.

(i) HIV counseling and testing conducted under this section must

conform to the model protocol on HIV counseling and testing

prescribed by the department.

(j) For the purpose of qualifying for workers' compensation or

any other similar benefits for compensation, an employee who

claims a possible work-related exposure to a reportable disease,

including HIV infection, must provide the employer with a sworn

affidavit of the date and circumstances of the exposure and

document that, not later than the 10th day after the date of the

exposure, the employee had a test result that indicated an

absence of the reportable disease, including HIV infection.

(k) A person listed in Subsection (b) who may have been exposed

to a reportable disease, including HIV infection, may not be

required to be tested.

(l) In this section "HIV" and "test result" have the meanings

assigned by Section 81.101.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 17, eff. Sept. 1,

1991.

Amended by:

Acts 2005, 79th Leg., Ch.

320, Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

925, Sec. 1, eff. June 19, 2009.

Sec. 81.051. PARTNER NOTIFICATION PROGRAMS; HIV INFECTION. (a)

The department shall establish programs for partner notification

and referral services.

(b) The partner notification services offered by health care

providers participating in a program shall be made available and

easily accessible to all persons with clinically validated HIV

seropositive status.

name of a partner, that information is confidential. Partner

names may be used only for field investigation and notification.

(d) An employee of a partner notification program shall make the

notification. The employee shall inform the person who is named

as a partner of the:

(1) methods of transmission and prevention of HIV infection;

(2) telephone numbers and addresses of HIV antibody testing

sites; and

(3) existence of local HIV support groups, mental health

services, and medical facilities.

(e) The employee may not disclose:

(1) the name of or other identifying information concerning the

identity of the person who gave the partner's name; or

(2) the date or period of the partner's exposure.

(f) If the person with HIV infection also makes the

notification, the person should provide the information listed in

Subsection (d).

(g) A partner notification program shall be carried out as

follows:

(1) a partner notification program shall make the notification

of a partner of a person with HIV infection in the manner

authorized by this section regardless of whether the person with

HIV infection who gave the partner's name consents to the

notification; and

(2) a health care professional shall notify the partner

notification program when the health care professional knows the

HIV+ status of a patient and the health care professional has

actual knowledge of possible transmission of HIV to a third

party. Such notification shall be carried out in the manner

authorized in this section and Section 81.103.

(h) A health care professional who fails to make the

notification required by Subsection (g) is immune from civil or

criminal liability for failure to make that notification.

(i) A partner notification program shall provide counseling,

testing, or referral services to a person with HIV infection

regardless of whether the person discloses the names of any

partners.

(j) A partner notification program shall routinely evaluate the

performance of counselors and other program personnel to ensure

that high quality services are being delivered. A program shall

adopt quality assurance and training guidelines according to

recommendations of the Centers for Disease Control of the United

States Public Health Service for professionals participating in

the program.

(k) In this section, "HIV" has the meaning assigned by Section

81.101.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 18, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 622, Sec. 1, eff. June

14, 1995.

For expiration of Subsections (b-2) and (b-3), see Subsection

(b-3).

Sec. 81.052. REPORTS AND ANALYSES CONCERNING AIDS AND HIV

INFECTION. (a) The department shall ensure timely and accurate

reporting under this chapter of information relating to acquired

immune deficiency syndrome and human immunodeficiency virus

infection.

(b) The department shall:

(1) quarterly compile the information submitted under Section

81.043(c) and make the compiled data available to the public

within six months of the last day of each quarter;

(2) annually analyze and determine trends in incidence and

prevalence of AIDS and HIV infection by region, city, county,

age, gender, race, ethnicity, national origin, transmission

category, and other factors as appropriate; and

(3) annually prepare a report on the analysis conducted under

Subdivision (2) and make the report available to the public.

(b-1) The department may not include any information that would

allow the identification of an individual in an analysis

conducted under Subsection (b) or in a report prepared under that

subsection.

cases expected in this state based on the reports.

(d) The department shall make available epidemiologic

projections and other analyses, including comparisons of Texas

and national trends, to state and local agencies for use in

planning, developing, and evaluating AIDS and HIV-related

programs and services.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 19, eff. Sept. 1,

1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

447, Sec. 3, eff. September 1, 2007.

SUBCHAPTER D. INVESTIGATION AND INSPECTION

Sec. 81.061. INVESTIGATION. (a) The department shall

investigate the causes of communicable disease and methods of

prevention.

(b) The department may require special investigations of

specified cases of disease to evaluate the status in this state

of epidemic, endemic, or sporadic diseases. Each health authority

shall provide information on request according to the

department's written instructions.

disease in the state to determine the nature and extent of the

disease and to formulate and evaluate the control measures used

to protect the public health. A person shall provide records and

other information to the department on request according to the

department's written instructions.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.062. WITNESSES; DOCUMENTS. (a) For the purpose of an

investigation under Section 81.061(c), the department may

administer oaths, summon witnesses, and compel the attendance of

a witness or the production of a document. The department may

request the assistance of a county or district court to compel

the attendance of a summoned witness or the production of a

requested document at a hearing.

(b) A witness or deponent who is not a party and who is

subpoenaed or otherwise compelled to appear at a hearing or

proceeding under this section conducted outside the witness's or

deponent's county of residence is entitled to a travel and per

diem allowance. The board by rule shall set the allowance in an

amount not to exceed the travel and per diem allowance authorized

for state employees traveling in this state on official business.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.063. SAMPLES. (a) A person authorized to conduct an

investigation under this subchapter may take samples of materials

present on the premises, including soil, water, air, unprocessed

or processed foodstuffs, manufactured clothing, pharmaceuticals,

and household goods.

(b) A person who takes a sample under this section shall offer a

corresponding sample to the person in control of the premises for

independent analysis.

or offer to reimburse the owner for the materials taken. The

reimbursement may not exceed the actual monetary loss to the

owner.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.064. INSPECTION. (a) The department or a health

authority may enter at reasonable times and inspect within

reasonable limits a public place in the performance of that

person's duty to prevent or control the entry into or spread in

this state of communicable disease by enforcing this chapter or

the rules of the board adopted under this chapter.

(b) In this section, "a public place" means all or any portion

of an area, building or other structure, or conveyance that is

not used for private residential purposes, regardless of

ownership.

health authority under this section may not be used in a criminal

proceeding other than a proceeding to assess a criminal penalty

under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.174, eff. Sept.

1, 2003.

Sec. 81.065. RIGHT OF ENTRY. (a) For an investigation or

inspection, the commissioner, an employee of the department, or a

health authority has the right of entry on land or in a building,

vehicle, watercraft, or aircraft and the right of access to an

individual, animal, or object that is in isolation, detention,

restriction, or quarantine instituted by the commissioner, an

employee of the department, or a health authority or instituted

voluntarily on instructions of a private physician.

(b) Evidence gathered during an entry by the commissioner,

department, or health authority under this section may not be

used in a criminal proceeding other than a proceeding to assess a

criminal penalty under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.175, eff. Sept.

1, 2003.

Sec. 81.066. CONCEALING COMMUNICABLE DISEASE OR EXPOSURE TO

COMMUNICABLE DISEASE; CRIMINAL PENALTY. (a) A person commits an

offense if the person knowingly conceals or attempts to conceal

from the department, a health authority, or a peace officer,

during the course of an investigation under this chapter, the

fact that:

(1) the person has, has been exposed to, or is the carrier of a

communicable disease that is a threat to the public health; or

(2) a minor child or incompetent adult of whom the person is a

parent, managing conservator, or guardian has, has been exposed

to, or is the carrier of a communicable disease that is a threat

to the public health.

(b) An offense under this section is a Class B misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.176, eff. Sept.

1, 2003.

Sec. 81.067. CONCEALING, REMOVING, OR DISPOSING OF AN INFECTED

OR CONTAMINATED ANIMAL, OBJECT, VEHICLE, WATERCRAFT, OR AIRCRAFT;

CRIMINAL PENALTY. (a) A person commits an offense if the person

knowingly conceals, removes, or disposes of an infected or

contaminated animal, object, vehicle, watercraft, or aircraft

that is the subject of an investigation under this chapter by the

department, a health authority, or a peace officer.

(b) An offense under this Section is a Class B misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.177, eff. Sept.

1, 2003.

Sec. 81.068. REFUSING ENTRY OR INSPECTION; CRIMINAL PENALTY.

(a) A person commits an offense if the person knowingly refuses

or attempts to refuse entry to the department, a health

authority, or a peace officer on presentation of a valid search

warrant to investigate, inspect, or take samples on premises

controlled by the person or by an agent of the person acting on

the person's instruction.

(b) A person commits an offense if the person knowingly refuses

or attempts to refuse inspection under Section 81.064 or entry or

access under Section 81.065.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.178, eff. Sept.

1, 2003.

SUBCHAPTER E. CONTROL

Sec. 81.081. BOARD'S DUTY. The board shall impose control

measures to prevent the spread of disease in the exercise of its

power to protect the public health.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 81.082. ADMINISTRATION OF CONTROL MEASURES. (a) A health

authority has supervisory authority and control over the

administration of communicable disease control measures in the

health authority's jurisdiction unless specifically preempted by

the department. Control measures imposed by a health authority

must be consistent with, and at least as stringent as, the

control measure standards in rules adopted by the board.

(b) A communicable disease control measure imposed by a health

authority in the health authority's jurisdiction may be amended,

revised, or revoked by the department if the department finds

that the modification is necessary or desirable in the

administration of a regional or statewide public health program

or policy. A control measure imposed by the department may not be

modified or discontinued until the department authorizes the

action.

animal, place, or object, as appropriate.

(c-1) A health authority may designate health care facilities

within the health authority's jurisdiction that are capable of

providing services for the examination, observation, quarantine,

isolation, treatment, or imposition of control measures during a

public health disaster or during an area quarantine under Section

81.085. A health authority may not designate a nursing home or

other institution licensed under Chapter 242.

(d) A declaration of a public health disaster may continue for

not more than 30 days. A public health disaster may be renewed

one time by the commissioner for an additional 30 days.

(e) The governor may terminate a declaration of a public health

disaster at any time.

(f) In this section, "control measures" includes:

(1) immunization;

(2) detention;

(3) restriction;

(4) disinfection;

(5) decontamination;

(6) isolation;

(7) quarantine;

(8) disinfestation;

(9) chemoprophylaxis;

(10) preventive therapy;

(11) prevention; and

(12) education.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 20, eff. Sept. 1,

1991; Acts 2003, 78th Leg., ch. 198, Sec. 2.179, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

258, Sec. 14.01, eff. September 1, 2007.

Sec. 81.083. APPLICATION OF CONTROL MEASURES TO INDIVIDUAL. (a)

Any person, including a physician, who examines or treats an

individual who has a communicable disease shall instruct the

individual about:

(1) measures for preventing reinfection and spread of the

disease; and

(2) the necessity for treatment until the individual is cured or

free from the infection.

(b) If the department or a health authority has reasonable cause

to believe that an individual is ill with, has been exposed to,

or is the carrier of a communicable disease, the department or

health authority may order the individual, or the individual's

parent, legal guardian, or managing conservator if the individual

is a minor, to implement control measures that are reasonable and

necessary to prevent the introduction, transmission, and spread

of the disease in this state.

delivered personally or by registered or certified mail to the

individual or to the individual's parent, legal guardian, or

managing conservator if the individual is a minor.

(d) An order under this section is effective until the

individual is no longer infected with a communicable disease or,

in the case of a suspected disease, expiration of the longest

usual incubation period for the disease.

(e) An individual may be subject to court orders under

Subchapter G if the individual is infected or is reasonably

suspected of being infected with a communicable disease that

presents an immediate threat to the public health and:

(1) the individual, or the individual's parent, legal guardian,

or managing conservator if the individual is a minor, does not

comply with the written orders of the department or a health

authority under this section; or

(2) a public health disaster exists, regardless of whether the

department or health authority has issued a written order and the

individual has indicated that the individual will not voluntarily

comply with control measures.

(f) An individual who is the subject of court orders under

Subchapter G shall pay the expense of the required medical care

and treatment except as provided by Subsections (g)-(i).

(g) A county or hospital district shall pay the medical expenses

of a resident of the county or hospital district who is:

(1) indigent and without the financial means to pay for part or

all of the required medical care or treatment; and

(2) not eligible for benefits under an insurance contract, group

policy, or prepaid health plan, or benefits provided by a

federal, state, county, or municipal medical assistance program

or facility.

(h) The state may pay the medical expenses of a nonresident

individual who is:

(1) indigent and without the financial means to pay for part or

all of the required medical care and treatment; and

(2) not eligible for benefits under an insurance contract, group

policy, or prepaid health plan, or benefits provided by a

federal, state, county, or municipal medical assistance program.

(i) The provider of the medical care and treatment under

Subsection (h) shall certify the reasonable amount of the

required medical care to the comptroller. The comptroller shall

issue a warrant to the provider of the medical care and treatment

for the certified amount.

(j) The department may:

(1) return a nonresident individual involuntarily hospitalized

in this state to the program agency in the state in which the

individual resides; and

(2) enter into reciprocal agreements with the proper agencies of

other states to facilitate the return of individuals

involuntarily hospitalized in this state.

(k) If the department or a health authority has reasonable cause

to believe that a group of five or more individuals has been

exposed to or infected with a communicable disease, the

department or health authority may order the members of the group

to implement control measures that are reasonable and necessary

to prevent the introduction, transmission, and spread of the

disease in this state. If the department or health authority

adopts control measures under this subsection, each member of the

group is subject to the requirements of this section.

(l) An order under Subsection (k) must be in writing and be

delivered personally or by registered or certified mail to each

member of the group, or the member's parent, legal guardian, or

managing conservator if the member is a minor. If the name,

address, and county of residence of any member of the group is

unknown at the time the order is issued, the department or health

authority must publish notice in a newspaper of general

circulation in the county that includes the area of the suspected

exposure and any other county in which the department or health

authority suspects a member of the group resides. The notice

must contain the following information:

(1) that the department or health authority has reasonable cause

to believe that a group of individuals is ill with, has been

exposed to, or is the carrier of a communicable disease;

(2) the suspected time and place of exposure to the disease;

(3) a copy of any orders under Subsection (k);

(4) instructions to an individual to provide the individual's

name, address, and county of residence to the department or

health authority if the individual knows or reasonably suspects

that the individual was at the place of the suspected exposure at

the time of the suspected exposure;

(5) that the department or health authority may request that an

application for court orders under Subchapter G be filed for the

group, if applicable; and

(6) that a criminal penalty applies to an individual who:

(A) is a member of the group; and

(B) knowingly refuses to perform or allow the performance of the

control measures in the order.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.180, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

258, Sec. 14.02, eff. September 1, 2007.

Sec. 81.084. APPLICATION OF CONTROL MEASURES TO PROPERTY. (a)

If the department or a health authority has reasonable cause to

believe that property in its jurisdiction is or may be infected

or contaminated with a communicable disease, the department or

health authority may place the property in quarantine for the

period necessary for a medical examination or technical analysis

of samples taken from the property to determine if the property

is infected or contaminated. The department or health authority

may tag an object for identification with a notice of possible

infection or contamination.

(b) The department or health authority shall send notice of its

action by registered or certified mail or by personal delivery to

the person who owns or controls the property. If the property is

land or a structure or an animal or other property on the land,

the department or health authority shall also post the notice on

the land and at a place conven

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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