H.B. No. 2055

	AN ACT
	relating to the establishment of a sentinel surveillance program
	for emerging and neglected tropical diseases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is
	amended by adding Chapter 100 to read as follows:
	CHAPTER 100. EMERGING AND NEGLECTED TROPICAL DISEASES
	Sec. 100.001.  DEFINITIONS.  In this chapter:
	(1)  "Emerging disease" means a disease that is
	appearing in a specific population for the first time or that is
	increasing in incidence or geographic range.
	(2)  "Health facility" includes:
	(A)  a general or special hospital licensed by the
	department under Chapter 241;
	(B)  a physician-owned or physician-operated
	clinic;
	(C)  a publicly or privately funded medical
	school;
	(D)  a state hospital or state school maintained
	and managed by the department or the Department of Aging and
	Disability Services;
	(E)  a public health clinic conducted by a local
	health unit, health department, or public health district organized
	and recognized under Chapter 121; and
	(F)  another facility specified by a rule adopted
	by the executive commissioner.
	(3)  "Local health unit" has the meaning assigned by
	Section 121.004.
	(4)  "Neglected tropical disease" means a parasitic or
	bacterial disease that:
	(A)  occurs solely or principally in the tropics;
	(B)  is largely endemic in the developing world;
	and
	(C)  has a potential to spread through
	international travel or trade.
	Sec. 100.002.  CONFIDENTIALITY.  (a)  Except as specifically
	authorized by this chapter, reports, records, and information
	furnished to a department employee or to an authorized agent of the
	department that relate to cases or suspected cases of a health
	condition are confidential and may be used only for the purposes of
	this chapter.
	(b)  Reports, records, and information relating to cases or
	suspected cases of health conditions in the possession of the
	department under this chapter are not public information under
	Chapter 552, Government Code, and may not be released or made public
	on subpoena or otherwise except as provided by this chapter.
	(c)  The department shall release medical, epidemiological,
	or toxicological information:
	(1)  to medical personnel, appropriate state agencies,
	health authorities, regional directors, and public officers of
	counties and municipalities as necessary to comply with this
	chapter and rules relating to the identification, monitoring, and
	referral of individuals infected with an emerging or neglected
	tropical disease; or
	(2)  to appropriate federal agencies, such as the
	Centers for Disease Control and Prevention of the United States
	Public Health Service.
	(d)  The department may release medical, epidemiological, or
	toxicological information for statistical purposes, if released in
	a manner that prevents the identification of any person.
	Sec. 100.003.  LIMITATION OF LIABILITY.  A health
	professional, a health facility, or an administrator, officer, or
	employee of a health facility subject to this chapter is not civilly
	or criminally liable for divulging information required to be
	released under this chapter, except in a case of gross negligence or
	wilful misconduct.
	Sec. 100.004.  COOPERATION OF GOVERNMENTAL ENTITIES.
	Another state board, commission, agency, or governmental entity
	capable of assisting the department in carrying out the intent of
	this chapter shall cooperate with the department and furnish
	expertise, services, and facilities to the program.
	Sec. 100.005.  SENTINEL SURVEILLANCE PROGRAM.  (a)  The
	executive commissioner shall establish in the department a program
	to:
	(1)  identify by sentinel surveillance individuals
	infected with emerging or neglected tropical diseases;
	(2)  maintain a central database of
	laboratory-confirmed cases of emerging and neglected tropical
	diseases; and
	(3)  use the information in the database to investigate
	the incidence, prevalence, and trends of emerging and neglected
	tropical diseases.
	(b)  In establishing the sentinel surveillance program for
	emerging and neglected tropical diseases, the executive
	commissioner shall consider:
	(1)  the location of health facilities that collect
	locally emerging and neglected tropical disease information; and
	(2)  the use, privacy, and security of existing data
	collected by health facilities.
	(c)  The executive commissioner shall adopt rules to govern
	the operation of the program and carry out the intent of this
	chapter, including rules that:
	(1)  specify a system for selecting the demographic
	areas in which the department collects information; and
	(2)  identify the specific emerging and neglected
	tropical diseases that are included in the sentinel surveillance
	program and the manner in which diseases will be added to the
	program as necessary to reflect changing conditions.
	Sec. 100.006.  DATA COLLECTION.  (a)  To ensure an accurate
	source of data, the executive commissioner may require a health
	facility or health professional to make available for review by the
	department or by an authorized agent medical records or other
	information in the facility's or professional's custody or control
	that relates to an occurrence of an emerging or neglected tropical
	disease.
	(b)  The department shall reimburse a health facility or
	health professional for the actual costs incurred by the facility
	or professional in making copies of medical records or other
	information available to the department.
	(c)  The executive commissioner by rule shall prescribe the
	manner in which information is reported to the department.
	Sec. 100.007.  DATABASE.  (a)  Information collected and
	analyzed by the department or an authorized agent under this
	chapter may be placed in a central database to facilitate
	information sharing and provider education.
	(b)  The department may use the database to:
	(1)  design and evaluate measures to prevent the
	occurrence of emerging and neglected tropical diseases and other
	health conditions; and
	(2)  provide information and education to providers on
	the incidence of emerging and neglected tropical diseases.
	Sec. 100.008.  EDUCATIONAL AND INFORMATIONAL MATERIALS. The
	department shall make available to health facilities and health
	professionals:
	(1)  educational and informational materials
	concerning emerging and neglected tropical diseases; and
	(2)  information on the importance of monitoring and
	surveilling emerging and neglected tropical diseases.
	SECTION 2.  Not later than November 1, 2015, the executive
	commissioner of the Health and Human Services Commission shall
	adopt rules as required by Section 100.005, Health and Safety Code,
	as added by this Act.
	SECTION 3.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2055 was passed by the House on May 8,
	2015, by the following vote:  Yeas 138, Nays 4, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2055 was passed by the Senate on May
	26, 2015, by the following vote:  Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor