HEALTH & SAFETY CODE
SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES
CHAPTER 81. COMMUNICABLE DISEASES
SUBCHAPTER A. GENERAL PROVISIONS
§ 81.001. SHORT TITLE. This chapter may be cited as the
Communicable Disease Prevention and Control Act.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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
(C) intends to make a home in this state, which
may be 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.167, eff. Sept. 1, 2003.
§ 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.
(c) A designee of the board may exercise a power granted to
or 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.168, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) The council consists of one representative from each of
the following agencies appointed by the executive director or
commissioner of each agency:
(1) the department;
(2) the Texas Department of Mental Health and Mental
Retardation;
(3) the Texas Department of Human Services;
(4) the Texas Commission on Alcohol and Drug Abuse;
(5) the Texas Rehabilitation Commission;
(6) the Texas Youth Commission;
(7) the Texas Department of Criminal Justice;
(8) the Texas Juvenile Probation Commission;
(9) the Texas Commission for the Blind;
(10) the Texas Commission for the Deaf and Hard of
Hearing;
(11) the Department of Protective and Regulatory
Services;
(12) the Texas Education Agency;
(13) the Texas State Board of Medical Examiners;
(14) the Board of Nurse Examiners;
(15) the State Board of Dental Examiners;
(16) the Health and Human Services Commission;
(17) the Texas Department on Aging; and
(18) the Texas Workforce Commission.
(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 department serves as
chairperson of the council.
(f) The council shall meet at least once each quarter on
meeting dates set by the council. Each agency that has a
representative appointed to the council shall ensure that a
representative of the agency attends at least three quarterly
meetings of the council each year.
(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 quarterly
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; and
(2) develop a plan that facilitates coordination of
agency programs for:
(A) prevention of AIDS, HIV infection, and
hepatitis; and
(B) provision of services to individuals who have
hepatitis or are infected with HIV.
(i) Not later than September 1 of each even-numbered year,
the council shall file a report with the legislature and the
governor containing policy recommendations 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 department shall provide administrative support to
the council.
Added by Acts 1993, 73rd Leg., ch. 708, § 1, eff. Sept. 1, 1993.
Amended by ; Acts 1995, 74th Leg., ch. 835, § 24, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 165, § 6.38, eff. Sept. 1, 1997.
Renumbered from § 85.017 and amended by Acts 2001, 77th Leg., ch.
195, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 553, §
2.008, eff. Feb. 1, 2004.
§ 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.
Redesignated from V.T.C.A., Health and Safety Code § 81.023,
subsec. (d) and amended by Acts 2003, 78th Leg., ch. 198, §
2.169, eff. Sept. 1, 2003.
SUBCHAPTER B. PREVENTION
§ 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) The department shall recommend a public school health
curriculum to the State Board of Education.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 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.
(c) The board shall cooperate with the State Board of
Education 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 §
81.011 by Acts 2003, 78th Leg., ch. 198, § 2.169.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 898, § 3, eff. Sept. 1, 1991; Acts
1995, 74th Leg., ch. 76, § 8.075, eff. Sept. 1, 1995; Acts 2003,
78th Leg., ch. 198, § 2.169, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1989.
SUBCHAPTER C. REPORTS AND REPORTABLE DISEASES
§ 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.
(c) The board shall maintain and revise as necessary the
list of 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.170, eff. Sept. 1, 2003.
§ 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.
(c) A local school authority shall report a child attending
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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.171, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1312, § 7, eff. June 21, 2003.
§ 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) A health authority shall report reportable diseases to
the department's central office at least as frequently as the
interval set by board rule.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.172, eff. Sept. 1, 2003.
§ 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.
(c) The commissioner may authorize an alternate routing of
information in particular cases if the commissioner determines that
the reporting procedure would cause the information to be unduly
delayed.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 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.
(c) A justice of the peace acting as coroner or a county
medical 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, § 1, eff. Sept. 1, 1989.
§ 81.046. CONFIDENTIALITY. (a) Reports, records, and
information furnished to a health authority 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).
(c) Medical or epidemiological 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,
or county and district courts to comply with this chapter and
related rules relating to the control and treatment of communicable
diseases and health conditions;
(4) to appropriate federal agencies, such as the
Centers for Disease Control 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 or the department.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1995, 74th Leg., ch. 76, § 5.95(90), eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 165, § 7.39, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 198, § 2.173, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1989.
§ 81.048. NOTIFICATION OF EMERGENCY PERSONNEL, PEACE
OFFICERS, 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, or fire fighter
as provided by this section if:
(1) the emergency medical service personnel, peace
officer, or fire fighter delivered a person to a hospital as defined
by Section 1.03, Medical Liability and Insurance Improvement Act of
Texas (Article 4590i, Vernon's Texas Civil Statutes);
(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, or fire fighter was exposed to the reportable disease
during the course of duty.
(c) Notice of the possible exposure shall be given:
(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, 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.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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; or
(4) a correctional officer.
(c) A request under this section may be made only if the
person:
(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, § 17, eff. Sept. 1, 1991.
§ 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.
(c) If a person with HIV infection voluntarily discloses the
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, § 18, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 622, § 1, eff. June 14,
1995.
§ 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 routinely analyze and determine
trends in incidence and prevalence of AIDS and HIV infection by
region, age, gender, race, ethnicity, transmission category, and
other factors as appropriate.
(c) The department shall annually project the number of AIDS
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, § 19, eff. Sept. 1, 1991.
SUBCHAPTER D. INVESTIGATION AND INSPECTION
§ 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.
(c) The department may investigate the existence of
communicable 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) A person who takes a sample under this section may
reimburse 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) Evidence gathered during an inspection by the
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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.174, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.175, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.176, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.177, eff. Sept. 1, 2003.
§ 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.
(c) An offense under this section is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.178, eff. Sept. 1, 2003.
SUBCHAPTER E. CONTROL
§ 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) The control measures may be imposed on an individual,
animal, place, or object, as appropriate.
(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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 20, eff. Sept. 1, 1991; Acts
2003, 78th Leg., ch. 198, § 2.179, eff. Sept. 1, 2003.
§ 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.
(c) An order under this section must be in writing and be
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.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.180, eff. Sept. 1, 2003.
§ 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 convenient to the public in the county
courthouse. If the property is infected or contaminated as a result
of a public health disaster, the department or health authority is
not required to provide notice under this subsection.
(c) The department or health authority shall remove the
quarantine and return control of the property to the person who owns
or controls it if the property is found not to be infected or
contaminated. The department or health authority by written order
may require the person who owns or controls the property to impose
control measures that are technically feasible to disinfect or
decontaminate the property if the property is found to be infected
or contaminated.
(d) The department or health authority shall remove the
quarantine and return control of the property to the person who owns
or controls it if the control measures are effective. If the
control measures are ineffective or if there is not a technically
feasible control measure available for use, the department or
health authority may continue the quarantine and order the person
who owns or controls the property:
(1) to destroy the property, other than land, in a
manner that disinfects or decontaminates the property to prevent
the spread of infection or contamination;
(2) if the property is land, to securely fence the
perimeter of the land or any part of the land that is infected or
contaminated; or
(3) to securely seal off an infected or contaminated
structure or other property on land to prevent entry into the
infected or contaminated area until the quarantine is removed by
the board or health authority.
(d-1) In a public health disaster, the department or health
authority by written order may require a person who owns or controls
property to impose control measures that are technically feasible
to disinfect or decontaminate the property or, if technically
feasible control measures are not available, may order the person
who owns or controls the property:
(1) to destroy the property, other than land, in a
manner that disinfects or decontaminates the property to prevent
the spread of infection or contamination;
(2) if the property is land, to securely fence the
perimeter of the land or any part of the land that is infected or
contaminated; or
(3) to securely seal off an infected or contaminated
structure or other property on land to prevent entry into the
infected or contaminated area until the department or health
authority authorizes entry into the structure or property.
(e) The department or health authority may petition the
county or district court of the county in which the property is
located for orders necessary for public health if:
(1) a person fails or refuses to comply with the orders
of the department or health authority as required by this section;
and
(2) the department or health authority has reason to
believe that the property is or may be infected or contaminated with
a communicable disease that presents an immediate threat to the
public health.
(f) After the filing of a petition, the court may grant
injunctive relief for the health and safety of the public.
(g) The person who owns or controls the property shall pay
all expenses of implementing control measures, court costs,
storage, and other justifiable expenses. The court may require the
person who owns or controls the property to execute a bond in an
amount set by the court to ensure the performance of any control
measures, restoration, or destruction ordered by the court. If the
property is an object, the bond may not exceed the value of the
object in a noninfected or noncontaminated state. The bond shall be
returned to the person when the department or health authority
informs the court that the property is no longer infected or
contaminated or that the property has been destroyed.
(h) If the court finds that the property is not infected or
contaminated, it shall order the department or health authority to:
(1) remove the quarantine;
(2) if the property is an object, remove the
quarantine tags; and
(3) release the property to the person who owns or
controls it.
(i) The department or health authority, as appropriate,
shall charge the person who owns or controls the property for the
cost of any control measures performed by the department's or
health authority's employees. The department shall deposit the
payments received to the credit of the general revenue fund to be
used for the administration of this chapter. A health authority
shall distribute payments received to each county, municipality, or
other jurisdiction in an amount proportional to the jurisdiction's
contribution to the quarantine and control expense.
(j) In this section, "property" means:
(1) an object;
(2) a parcel of land; or
(3) a structure, animal, or other property on a parcel
of land.
(k) In a public health disaster, the department or a health
authority may impose additional control measures the department or
health authority considers necessary and most appropriate to
arrest, control, and eradicate the threat to the public health.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.181, eff. Sept. 1, 2003.
§ 81.085. AREA QUARANTINE; CRIMINAL PENALTY. (a) If
an outbreak of communicable disease occurs in this state, the
commissioner or one or more health authorities may impose an area
quarantine coextensive with the area affected. The commissioner
may impose an area quarantine, if the commissioner has reasonable
cause to believe that individuals or property in the area may be
infected or contaminated with a communicable disease, for the
period necessary to determine whether an outbreak of communicable
disease has occurred. A health authority may impose the quarantine
only within the boundaries of the health authority's jurisdiction.
(b) A health authority may not impose an area quarantine
until the authority consults with the department. A health
authority that imposes an area quarantine shall give written notice
to and shall consult with the governing body of each county and
municipality in the health authority's jurisdiction that has
territory in the affected area as soon as practicable.
(c) The department may impose additional disease control
measures in a quarantine area that the department considers
necessary and most appropriate to arrest, control, and eradicate
the threat to the public health. Absent preemptive action by the
department under this chapter or by the governor under Chapter 418,
Government Code (Texas Disaster Act of 1975), a health authority
may impose in a quarantine area under the authority's jurisdiction
additional disease control measures that the health authority
considers necessary and most appropriate to arrest, control, and
eradicate the threat to the public health.
(d) If an affected area includes territory in an adjacent
state, the department may enter into cooperative agreements with
the appropriate officials or agencies of that state to:
(1) exchange morbidity, mortality, and other
technical information;
(2) receive extrajurisdictional inspection reports;
(3) coordinate disease control measures;
(4) disseminate instructions to the population of the
area, operators of interstate private or common carriers, and
private vehicles in transit across state borders; and
(5) participate in other public health activities
appropriate to arrest, control, and eradicate the threat to the
public health.
(e) The department or health authority may use all
reasonable means of communication to inform persons in the
quarantine area of the department's or health authority's orders
and instructions during the period of area quarantine. The
department or health authority shall publish at least once each
week during the area quarantine period, in a newspaper of general
circulation in the area, a notice of the orders or instructions in
force with a brief explanation of their meaning and effect. Notice
by publication is sufficient to inform persons in the area of their
rights, duties, and obligations under the orders or instructions.
(f) The department or, with the department's consent, a
health authority may terminate an area quarantine.
(g) To provide isolation and quarantine facilities during
an area quarantine, the commissioner's court of a county, the
governing body of a municipality, or the governing body of a
hospital district may suspend the admission of patients desiring
admission for elective care and treatment, except for needy or
indigent residents for whom the county, municipality, or district
is constitutionally or statutorily required to care.
(h) A person commits an offense if the person knowingly
fails or refuses to obey a rule, order, or instruction of the
department or an order or instruction of a health authority issued
under a department rule and published during an area quarantine
under this section. An offense under this subsection is a felony of
the third degree.
(i) On request of the department during a public health
disaster, an individual shall disclose the individual's
immunization information. If the individual does not have updated
or appropriate immunizations, the department may take appropriate
action during a quarantine to protect that individual and the
public from the communicable disease.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.182, eff. Sept. 1, 2003.
§ 81.086. APPLICATION OF CONTROL MEASURES TO PRIVATE AND
COMMON CARRIERS AND PRIVATE CONVEYANCES. (a) This section
applies to any private or common carrier or private conveyance,
including a vehicle, aircraft, or watercraft, while the vehicle or
craft is in this state.
(b) If the department or health authority has reasonable
cause to believe that a carrier or conveyance has departed from or
traveled through an area infected or contaminated with a
communicable disease, the department or health authority may order
the owner, operator, or authorized agent in control of the carrier
or conveyance to:
(1) stop the carrier or conveyance at a port of entry
or place of first landing or first arrival in this state; and
(2) provide information on passengers and cargo
manifests that includes the details of:
(A) any illness suspected of being communicable
that occurred during the journey;
(B) any condition on board the carrier or
conveyance during the journey that may lead to the spread of
disease; and
(C) any control measures imposed on the carrier
or conveyance, its passengers or crew, or its cargo or any other
object on board during the journey.
(c) The department or health authority may impose necessary
technically feasible control measures under Section 81.083 or
81.084 to prevent the introduction and spread of communicable
disease in this state if the department or health authority, after
inspection, has reasonable cause to believe that a carrier or
conveyance that has departed from or traveled through an infected
or contaminated area:
(1) is or may be infected or contaminated with a
communicable disease;
(2) has cargo or an object on board that is or may be
infected or contaminated with a communicable disease; or
(3) has an individual on board who has been exposed to,
or is the carrier of, a communicable disease.
(d) The owner or operator of a carrier or conveyance placed
in quarantine by order of the department or health authority, or of
a county or district court under Section 81.083 or 81.084, shall
bear the expense of the control measures employed to disinfect or
decontaminate the carrier or conveyance. The department or health
authority, as appropriate, shall charge and be reimbursed for the
cost of control measures performed by the department's or health
authority's employees. The board shall deposit the reimbursements
to the credit of the general revenue fund to be used to administer
this chapter. A health authority shall distribute the
reimbursements to each county, municipality, or other governmental
entity in an amount proportional to that entity's contribution to
the quarantine and control expense.
(e) The owner or claimant of cargo or an object on board the
carrier or conveyance shall pay the expense of the control measures
employed in the manner provided by Section 81.084. The cost of
services rendered or provided by the board or health authority is
subject to reimbursement as provided by Subsection (d).
(f) A crew member, passenger, or individual on board the
carrier or conveyance shall pay the expense of control measures
employed under Section 81.083. The state may pay the expenses of an
individual who is:
(1) 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, or local medical assistance program,
as provided by Section 81.083.
(g) A carrier, a conveyance, cargo, an object, an animal, or
an individual placed in quarantine under this section may not be
removed from or leave the area of quarantine without the
department's or health authority's permission.
(h) If the department or health authority has reasonable
cause to believe that a carrier or conveyance is transporting cargo
or an object that is or may be infected or contaminated with a
communicable disease, the department or health authority may:
(1) require that the cargo or object be transported in
secure confinement or sealed in a car, trailer, hold, or
compartment, as appropriate, that is secured on the order and
instruction of the board or health authority, if the cargo or object
is being transported through this state;
(2) require that the cargo or object be unloaded at an
alternate location equipped with adequate investigative and
disease control facilities if the cargo or object is being
transported to an intermediate or ultimate destination in this
state that cannot provide the necessary facilities; and
(3) investigate and, if necessary, quarantine the
cargo or object and impose any required control measure as
authorized by Section 81.084.
(i) The department or health authority may require an
individual transported by carrier or conveyance who the department
or health authority has reasonable cause to believe has been
exposed to or is the carrier of a communicable disease to be
isolated from other travelers and to disembark with the
individual's personal effects and baggage at the first location
equipped with adequate investigative and disease control
facilities, whether the person is in transit through this state or
to an intermediate or ultimate destination in this state. The
department or health authority may investigate and, if necessary,
isolate or involuntarily hospitalize the individual until the
department or health authority approves the discharge as authorized
by Section 81.083.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.183, eff. Sept. 1, 2003.
§ 81.087. VIOLATION OF CONTROL MEASURE ORDERS; CRIMINAL
PENALTY. (a) A person commits an offense if the person knowingly
refuses to perform or allow the performance of certain control
measures ordered by a health authority or the department under
Sections 81.083-81.086.
(b) An offense under this section is a Class B misdemeanor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 81.088. REMOVAL, ALTERATION, OR DESTRUCTION OF
QUARANTINE DEVICES; CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly or intentionally:
(1) removes, alters, or attempts to remove or alter an
object the person knows is a quarantine device, notice, or security
item in a manner that diminishes the effectiveness of the device,
notice, or item; or
(2) destroys an object the person knows is a
quarantine device, notice, or security item.
(b) An offense under this section is a Class B misdemeanor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.184, eff. Sept. 1, 2003.
§ 81.089. TRANSPORTATION; CRIMINAL PENALTY. (a) A
person commits an offense if, before notifying the department or
health authority at a port of entry or a place of first landing or
first arrival in this state, the person knowingly or intentionally:
(1) transports or causes to be transported into this
state an object the person knows or suspects may be infected or
contaminated with a communicable disease that is a threat to the
public health;
(2) transports or causes to be transported into this
state an individual who the person knows has or is the carrier of a
communicable disease that is a threat to the public health; or
(3) transports or causes to be transported into this
state a person, animal, or object in a private or common carrier or
a private conveyance that the person knows is or suspects may be
infected or contaminated with a communicable disease that is a
threat to the public health.
(b) An offense under this section is a Class A misdemeanor,
except that if the person acts with the intent to harm or defraud
another, the offense is a felony of the third degree.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 198, § 2.185, eff. Sept. 1, 2003.
§ 81.090. SEROLOGIC TESTING DURING PREGNANCY. (a) A
physician or other person permitted by law to attend a pregnant
woman during gestation or at delivery of an infant shall:
(1) take or cause to be taken a sample of the woman's
blood at the first examination and visit;
(2) submit the sample to a laboratory approved under
this section for:
(A) a standard serologic test for syphilis
approved by the board;
(B) a standard serologic test for HIV infection
approved by the board; and
(C) a standard serologic test for hepatitis B
infection approved by the board; and
(3) retain a report of each case for nine months and
deliver the report to any successor in the case.
(b) A successor is presumed to have complied with this
section.
(c) A physician or other person in attendance at a delivery
shall:
(1) take or cause to be taken a sample of blood from
the mother on admission for delivery; and
(2) submit the sample to a laboratory approved under
this section for:
(A) a standard serologic test for syphilis
approved by the board;
(B) a standard serologic test for HIV infection
approved by the board; and
(C) a standard serologic test for hepatitis B
infection approved by the board.
(d) A state, county, municipal, or private laboratory that
conducts standard serologic tests on blood samples submitted under
this section must be approved by the department. For the purpose of
approving laboratories, the board shall adopt rules establishing:
(1) minimum standards of proficiency for a laboratory
that conducts standard serologic tests;
(2) procedures for the inspection and monitoring of
laboratories conducting standard serologic tests;
(3) criteria for the issuance, suspension, and
revocation of laboratory proficiency certification to perform
standard serologic tests; and
(4) criteria for approval and disapproval of serologic
tests and procedures.
(e) The commissioner shall provide each county clerk with
the names of the approved laboratories in the county and shall
notify the county clerk of any additions, suspensions, or
revocations of proficiency approval.
(f) A state, county, or municipal laboratory shall execute a
test required by this section and submit a report to the physician
without charge.
(g) Repealed by Acts 1993, 73rd Leg., ch. 30, § 3, eff.
Sept. 1, 1993.
(h) The department is not required to approve a laboratory
under Subsection (d) or provide a list of approved laboratories
under Subsection (e) as long as the Clinical Laboratory Improvement
Amendments of 1988 (42 U.S.C. Section 263a), and subsequent
amendments, are in effect.
(i) Before conducting or causing to be conducted a standard
serologic test for HIV infection under this section, the physician
or other person shall advise the woman that the result of a test
taken under this section is confidential as provided by Subchapter
F, but that the test is not anonymous. The physician or other
person shall explain the difference between a confidential and an
anonymous test to the woman and that an anonymous test may be
available from another entity. The physician or other person shall
make the information available in another language, if needed, and
if resources permit. The information shall be provided by the
physician or another person, as needed, in a manner and in terms
understandable to a person who may be illiterate if resources
permit.
(j) The result of a standard test for HIV infection under
Subsection (a)(2)(B) or (c)(2)(B) is a test result for purposes of
Subchapter F.
(k) Before the blood sample is taken, the health care
provider shall distribute to the patient printed materials about
AIDS, HIV, hepatitis B, and syphilis. A health care provider shall
verbally notify the patient that an HIV test shall be performed if
the patient does not object. If the patient objects, the patient
shall be referred to an anonymous testing facility or instructed
about anonymous testing methods. The health care provider shall
note on the medical records that the distribution of printed
materials was made and that verbal notification was given. The
materials shall be provided to the health care provider by the Texas
Department of Health and shall be prepared and designed to inform
the patients about:
(1) the incidence and mode of transmission of AIDS,
HIV, hepatitis B, and syphilis;
(2) how being infected with HIV, AIDS, hepatitis B, or
syphilis could affect the health of their child;
(3) the available cure for syphilis;
(4) the available treatment to prevent
maternal-infant HIV transmission; and
(5) methods to prevent the transmission of the HIV
virus, hepatitis B, and syphilis.
(l) A physician or other person may not conduct a standard
test for HIV infection under Subsection (a)(2)(B) or (c)(2)(B) if
the woman objects.
(m) If a screening test and a confirmatory test conducted
under this section show that the woman is or may be infected with
HIV, hepatitis B, or syphilis, the physician or other person who
submitted the sample for the test shall provide or make available to
the woman disease-specific information on the disease diagnosed,
including:
(1) information relating to treatment of HIV
infection, acquired immune deficiency syndrome, hepatitis B, or
syphilis, which must be in another language, if needed, and must be
presented, as necessary, in a manner and in terms understandable to
a person who may be illiterate if resources permit; and
(2) counseling under Section 81.109, if HIV infection
or AIDS is diagnosed.
(n) A physician or other person may comply with the
requirements of Subsection (m)(1) by referring the woman to an
entity that provides treatment for individuals infected with the
disease diagnosed.
(o) In this section, "HIV" has the meaning assigned by
Section 81.101.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 30, § 3, eff. Sept. 1, 1993; Acts
1993, 73rd Leg., ch. 420, § 1, eff. June 6, 1993; Acts 1995, 74th
Leg., ch. 805, § 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch.
573, § 1, eff. Sept. 1, 1999.
§ 81.091. OPHTHALMIA NEONATORUM PREVENTION; CRIMINAL
PENALTY. (a) A physician, nurse, midwife, or other person in
attendance at childbirth shall use or cause to be used prophylaxis
approved by the board to prevent ophthalmia neonatorum.
(b) A midwife is responsible for the administration of the
prophylaxis to each infant the midwife delivers by:
(1) administering the prophylaxis under standing
delegation orders issued by a licensed physician; or
(2) requiring the prophylaxis to be administered by an
appropriately licensed and trained individual under standing
delegation orders issued by a licensed physician.
(c) Subject to the availability of funds, the department
shall furnish prophylaxis approved by the board free of charge to:
(1) health care providers if the newborn's financially
responsible adult is unable to pay; and
(2) a midwife identified under Chapter 203,
Occupations Code, who requests prophylaxis for administration
under standing delegation orders issued by a licensed physician
under Subsection (b) and subject to the provisions of Subchapter A,
Chapter 157, Occupations Code.
(d) If a physician is not available to issue a standing
delegation order or if no physician will agree to issue a standing
delegation order, a midwife shall administer or cause to be
administered by an appropriately trained and licensed individual
prophylaxis approved by the Texas Board of Health to prevent
ophthalmia neonatorum to each infant that the midwife delivers.
(e) Administration and possession by a midwife of
prophylaxis under this section is not a violation of Chapter 483.
(f) A health care provider may not charge for prophylaxis
received free from the department.
(g) A person commits an offense if the person is a physician
or other person in attendance on a pregnant woman either during
pregnancy or at delivery and fails to perform a duty required by
this section. An offense under this section is a Class B
misdemeanor.
(h) In this section, "financially responsible adult" means
a parent, guardian, spouse, or any other person whom the laws of
this state hold responsible for the debts incurred as a result of
hospitalization or treatment.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 158, § 24, eff. Sept. 1, 1991; Acts
2001, 77th Leg., ch. 1420, § 14.772, eff. Sept. 1, 2001.
§ 81.092. CONTRACTS FOR SERVICES. The department may
contract with a physician to provide services to persons infected
or reasonably suspected of being infected with a sexually
transmitted disease or tuberculosis if:
(1) local or regional health department services are
not available;
(2) the person in need of examination or treatment is
unable to pay for the services; and
(3) there is an immediate need for examination or
treatment of the person.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 81.093. PERSONS PROSECUTED FOR CERTAIN
CRIMES. (a) A court may direct a person convicted of an offense
under Section 43.02, Penal Code, under Chapter 481 (Texas
Controlled Substances Act), or under Sections 485.031 through
485.035 to be subject to the control measures of Section 81.083 and
to the court-ordered management provisions of Subchapter G.
(b) The court shall order that a presentencing report be
prepared under Section 9, Article 42.12, Code of Criminal
Procedure, to determine if a person convicted of an offense under
Chapter 481 (Texas Controlled Substances Act) or under Sections
485.031 through 485.035 should be subject to Section 81.083 and
Subchapter G.
(c) On the request of a prosecutor who is prosecuting a
person under Section 22.012, Penal Code, the court shall release to
the prosecutor the presentencing report and a statement as to
whether the court directed the person to be subject to control
measures and court-ordered management for human immunodeficiency
virus infection or acquired immune deficiency syndrome.
Added by Acts 1991, 72nd Leg., ch. 14, § 21, eff. Sept. 1, 1991.
§ 81.094. TESTING BY HOSPITALS OF PERSONS INDICTED FOR
CERTAIN CRIMES. A hospital shall perform a medical procedure or
test on a person if a court orders the hospital to perform the
procedure or test on a person whom the court orders to undergo the
procedure or test under Article 21.31, Code of Criminal Procedure.
The procedure or test is a cost of court.
Added by Acts 1991, 72nd Leg., ch. 14, § 22, eff. Sept. 1, 1991.
§ 81.095. TESTING FOR ACCIDENTAL EXPOSURE. (a) In a
case of accidental exposure of a health care worker to blood or
other body fluids of a patient in a licensed hospital, the hospital,
following a report of the exposure incident, shall take reasonable
steps to test the patient for hepatitis B or hepatitis C.
(b) This subsection applies only in a case of accidental
exposure of certified emergency medical services personnel, a
firefighter, a peace officer, or a first responder who renders
assistance at the scene of an emergency or during transport to the
hospital to blood or other body fluids of a patient who is
transported to a licensed hospital. The hospital receiving the
patient, following a report of the exposure incident, shall take
reasonable steps to test the patient for hepatitis B or hepatitis C
if the report shows there is significant risk to the person exposed.
The organization that employs the person or for which the person
works as a volunteer in connection with rendering the assistance is
responsible for paying the costs of the test. The hospital shall
provide the test results to the department or to the local health
authority, which are responsible for following the procedures
prescribed by Section 81.050(h) to inform the person exposed and,
if applicable, the patient regarding the test results. The
hospital shall follow applicable reporting requirements prescribed
by Subchapter C. This subsection does not impose a duty on a
hospital to provide any further testing, treatment, or services or
to perform further procedures.
(c) A test conducted under this section may be performed
without the patient's specific consent.
(d) The facility shall have a policy concerning the
disclosure of the result of the testing as authorized or required by
law.
(e) The facility shall abide by all patient confidentiality
standards as set out in Section 81.046.
Added by Acts 1999, 76th Leg., ch. 1169, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 610, § 1, eff. June 11,
2001; Acts 2003, 78th Leg., ch. 835, § 1, eff. June 20, 2003.
SUBCHAPTER F. TESTS FOR ACQUIRED IMMUNE DEFICIENCY SYNDROME AND
RELATED DISORDERS
§ 81.101. DEFINITIONS. In this subchapter:
(1) "AIDS" means acquired immune deficiency syndrome
as defined by the Centers for Disease Control of the United States
Public Health Service.
(2) "HIV" means human immunodeficiency virus.
(3) "Bona fide occupational qualification" means a
qualification:
(A) that is reasonably related to the
satisfactory performance of the duties of a job; and
(B) for which there is a reasonable cause for
believing that a person of the excluded group would be unable to
perform satisfactorily the duties of the job with safety.
(4) "Blood bank" means a blood bank, blood center,
regional collection center, tissue bank, transfusion service, or
other similar facility licensed by the Bureau of Biologics of the
United States Food and Drug Administration, accredited for
membership in the American Association of Blood Banks, or qualified
for membership in the American Association of Tissue Banks.
(5) "Test result" means any statement that indicates
that an identifiable individual has or has not been tested for AIDS
or HIV infection, antibodies to HIV, or infection with any other
probable causative agent of AIDS, including a statement or
assertion that the individual is positive, negative, at risk, or
has or does not have a certain level of antigen or antibody.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 81.102. TESTS; CRIMINAL PENALTY. (a) A person may
not require another person to undergo a medical procedure or test
designed to determine or help determine if a person has AIDS or HIV
infection, antibodies to HIV, or infection with any other probable
causative agent of AIDS unless:
(1) the medical procedure or test is required under
Subsection (d), under Section 81.050, or under Article 21.31, Code
of Criminal Procedure;
(2) the medical procedure or test is required under
Section 81.090, and no objection has been made under Section
81.090(l);
(3) the medical procedure or test is authorized under
Article 21.21-4, Insurance Code;
(4) a medical procedure is to be performed on the
person that could expose health care personnel to AIDS or HIV
infection, according to board guidelines defining the conditions
that constitute possible exposure to AIDS or HIV infection, and
there is sufficient time to receive the test result before the
procedure is conducted; or
(5) the medical procedure or test is necessary:
(A) as a bona fide occupational qualification and
there is not a less discriminatory means of satisfying the
occupational qualification;
(B) to screen blood, blood products, body fluids,
organs, or tissues to determine suitability for donation;
(C) in relation to a particular person under this
chapter;
(D) to manage accidental exposure to blood or
other body fluids, but only if the test is conducted under written
infectious disease control protocols adopted by the health care
agency or facility;
(E) to test residents and clients of residential
facilities of the Texas Department of Mental Health and Mental
Retardation, but only if:
(i) the test result would change the
medical or social management of the person tested or others who
associated with that person; and
(ii) the test is conducted in accordance
with guidelines adopted by the residential facility or the Texas
Department of Mental Health and Mental Retardation and approved by
the department; or
(F) to test residents and clients of residential
facilities of the Texas Youth Commission, but only if:
(i) the test result would change the
medical or social management of the person tested or others who
associate with that person; and
(ii) the test is conducted in accordance
with guidelines adopted by the Texas Youth Commission.
(b) An employer who alleges that a test is necessary as a
bona fide occupational qualification has the burden of proving that
allegation.
(c) Protocols adopted under Subsection (a)(4)(D) must
clearly establish procedural guidelines with criteria for testing
that respect the rights of the person with the infection and the
person who may be exposed to that infection. The protocols may not
require the person who may have been exposed to be tested and must
ensure the confidentiality of the person with the infection in
accordance with this chapter.
(d) The board may adopt emergency rules for mandatory
testing for HIV infection if the commissioner files a certificate
of necessity with the board that contains supportive findings of
medical and scientific fact and that declares a sudden and imminent
threat to public health. The rules must provide for:
(1) the narrowest application of HIV testing necessary
for the protection of the public health;
(2) procedures and guidelines to be followed by an
affected entity or state agency that clearly specify the need and
justification for the testing, specify methods to be used to assure
confidentiality, and delineate responsibility and authority for
carrying out the recommended actions;
(3) counseling of persons with seropositive test
results; and
(4) confidentiality regarding persons tested and
their test results.
(e) This section does not create a duty to test for AIDS and
related disorders or a cause of action for failure to test for AIDS
and related disorders.
(f) A person who requires a medical procedure or test in
violation of this section commits an offense. An offense under this
subsection is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 23, 24, eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 805, § 2, eff. Sept. 1, 1995.
§ 81.103. CONFIDENTIALITY; CRIMINAL PENALTY. (a) A
test result is confidential. A person that possesses or has
knowledge of a test result may not release or disclose the test
result or allow the test result to become known except as provided
by this section.
(b) A test result may be released to:
(1) the department under this chapter;
(2) a local health authority if reporting is required
under this chapter;
(3) the Centers for Disease Control of the United
States Public Health Service if reporting is required by federal
law or regulation;
(4) the physician or other person authorized by law
who ordered the test;
(5) a physician, nurse, or other health care personnel
who have a legitimate need to know the test result in order to
provide for their protection and to provide for the patient's
health and welfare;
(6) the person tested or a person legally authorized
to consent to the test on the person's behalf;
(7) the spouse of the person tested if the person tests
positive for AIDS or HIV infection, antibodies to HIV, or infection
with any other probable causative agent of AIDS;
(8) a person authorized to receive test results under
Article 21.31, Code of Criminal Procedure, concerning a person who
is tested as required or authorized under that article; and
(9) a person exposed to HIV infection as provided by
Section 81.050.
(c) The court shall notify persons receiving test results
under Subsection (b)(8) of the requirements of this section.
(d) A person tested or a person legally authorized to
consent to the test on the person's behalf may voluntarily release
or disclose that person's test results to any other person, and may
authorize the release or disclosure of the test results. An
authorization under this subsection must be in writing and signed
by the person tested or the person legally authorized to consent to
the test on the person's behalf. The authorization must state the
person or class of persons to whom the test results may be released
or disclosed.
(e) A person may release or disclose a test result for
statistical summary purposes only without the written consent of
the person tested if information that could identify the person is
removed from the report.
(f) A blood bank may report positive blood test results
indicating the name of a donor with a possible infectious disease to
other blood banks if the blood bank does not disclose the infectious
disease that the donor has or is suspected of having. A report
under this subsection is not a breach of any confidential
relationship.
(g) A blood bank may report blood test results to the
hospitals where the blood was transfused, to the physician who
transfused the infected blood, and to the recipient of the blood. A
blood bank may also report blood test results for statistical
purposes. A report under this subsection may not disclose the name
of the donor or person tested or any information that could result
in the disclosure of the donor's or person's name, including an
address, social security number, a designated recipient, or
replacement information.
(h) A blood bank may provide blood samples to hospitals,
laboratories, and other blood banks for additional, repetitive, or
different testing.
(i) An employee of a health care facility whose job requires
the employee to deal with permanent medical records may view test
results in the performance of the employee's duties under
reasonable health care facility practices. The test results viewed
are confidential under this chapter.
(j) A person commits an offense if, with criminal negligence
and in violation of this section, the person releases or discloses a
test result or other information or allows a test result or other
information to become known. An offense under this subsection is a
Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 25, eff. Sept. 1, 1991.
§ 81.104. INJUNCTION; CIVIL LIABILITY. (a) A person
may bring an action to restrain a violation or threatened violation
of Section 81.102 or 81.103.
(b) A person who violates Section 81.102 or who is found in a
civil action to have negligently released or disclosed a test
result or allowed a test result to become known in violation of
Section 81.103 is liable for:
(1) actual damages;
(2) a civil penalty of not more than $5,000; and
(3) court costs and reasonable attorney's fees
incurred by the person bringing the action.
(c) A person who is found in a civil action to have wilfully
released or disclosed a test result or allowed a test result to
become known in violation of Section 81.103 is liable for:
(1) actual damages;
(2) a civil penalty of not less than $5,000 nor more
than $10,000; and
(3) court costs and reasonable attorney's fees
incurred by the person bringing the action.
(d) Each release or disclosure made, or allowance of a test
result to become known, in violation of this subchapter constitutes
a separate offense.
(e) A defendant in a civil action brought under this section
is not entitled to claim any privilege as a defense to the action.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 1213, § 1, eff. Sept. 1, 1999.
§ 81.105. INFORMED CONSENT. (a) Except as otherwise
provided by law, a person may not perform a test designed to
identify HIV or its antigen or antibody without first obtaining the
informed consent of the person to be tested.
(b) Consent need not be written if there is documentation in
the medical record that the test has been explained and the consent
has been obtained.
Added by Acts 1991, 72nd Leg., ch. 14, § 26, eff. Sept. 1, 1991.
§ 81.106. GENERAL CONSENT. (a) A person who has signed
a general consent form for the performance of medical tests or
procedures is not required to also sign or be presented with a
specific consent form relating to medical tests or procedures to
determine HIV infection, antibodies to HIV, or infection with any
other probable causative agent of AIDS that will be performed on the
person during the time in which the general consent form is in
effect.
(b) Except as otherwise provided by this chapter, the result
of a test or procedure to determine HIV infection, antibodies to
HIV, or infection with any probable causative agent of AIDS
performed under the authorization of a general consent form in
accordance with this section may be used only for diagnostic or
other purposes directly related to medical treatment.
Added by Acts 1991, 72nd Leg., ch. 14, § 27, eff. Sept. 1, 1991.
§ 81.107. CONSENT TO TEST FOR CERTAIN ACCIDENTAL
EXPOSURES. (a) In a case of accidental exposure to blood or other
body fluids under Section 81.102(a)(4)(D), the health care agency
or facility may test a person who may have exposed the health care
worker to HIV without the person's specific consent to the test.
(b) A test under this section may be done only if:
(1) the test is done according to protocols
established as provided by Section 81.102(c); and
(2) those protocols ensure that any identifying
information concerning the person tested will be destroyed as soon
as the testing is complete and the person who may have been exposed
is notified of the result.
(c) A test result under this section is subject to the
confidentiality provisions of this chapter.
Added by Acts 1991, 72nd Leg., ch. 14, § 28, eff. Sept. 1, 1991.
§ 81.108. TESTING BY INSURERS. The Insurance Code and
any rules adopted by the State Board of Insurance exclusively
govern all practices of insurers in testing applicants to show or
help show whether a person has AIDS or HIV infection, antibodies to
HIV, or infection with any other probable causative agent of AIDS.
Added by Acts 1991, 72nd Leg., ch. 14, § 29, eff. Sept. 1, 1991.
§ 81.109. COUNSELING REQUIRED FOR POSITIVE TEST
RESULTS. (a) A positive test result may not be revealed to the
person tested without giving that person the immediate opportunity
for individual, face-to-face post-test counseling about:
(1) the meaning of the test result;
(2) the possible need for additional testing;
(3) measures to prevent the transmission of HIV;
(4) the availability of appropriate health care
services, including mental health care, and appropriate social and
support services in the geographic area of the person's residence;
(5) the benefits of partner notification; and
(6) the availability of partner notification
programs.
(b) Post-test counseling should:
(1) increase a person's understanding of HIV
infection;
(2) explain the potential need for confirmatory
testing;
(3) explain ways to change behavior conducive to HIV
transmission;
(4) encourage the person to seek appropriate medical
care; and
(5) encourage the person to notify persons with whom
there has been contact capable of transmitting HIV.
(c) Subsection (a) does not apply if:
(1) a report of a test result is used for statistical
or research purposes only and any information that could identify
the person is removed from the report; or
(2) the test is conducted for the sole purpose of
screening blood, blood products, bodily fluids, organs, or tissues
to determine suitability for donation.
(d) A person who is injured by an intentional violation of
this section may bring a civil action for damages and may recover
for each violation from a person who violates this section:
(1) $1,000 or actual damages, whichever is greater;
and
(2) reasonable attorney fees.
(e) This section does not prohibit disciplinary proceedings
from being conducted by the appropriate licensing authorities for a
health care provider's violation of this section.
(f) A person performing a test to show HIV infection,
antibodies to HIV, or infection with any other probable causative
agent of AIDS is not liable under Subsection (d) for failing to
provide post-test counseling if the person tested does not appear
for the counseling.
Added by Acts 1991, 72nd Leg., ch. 14, § 30, eff. Sept. 1, 1991.
SUBCHAPTER G. COURT ORDERS FOR MANAGEMENT OF PERSONS WITH
COMMUNICABLE DISEASES
§ 81.151. APPLICATION FOR COURT ORDER. (a) At the
request of the health authority, a municipal, county, or district
attorney shall file a sworn written application for a court order
for the management of a person with a communicable disease. At the
request of the department, the attorney general shall file a sworn
written application for a court order for the management of a person
with a communicable disease.
(b) The application must be filed with the district court in
the county in which the person:
(1) resides;
(2) is found; or
(3) is receiving court-ordered health services.
(c) If the application is not filed in the county in which
the person resides, the court may, on request of the person or the
person's attorney and if good cause is shown, transfer the
application to that county.
(d) A copy of written orders made under Section 81.083, if
applicable, and a medical evaluation must be filed with the
application, except that a copy of the written orders need not be
filed with an application for outpatient treatment.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 242, § 1, eff. May 23, 1997; Acts
2003, 78th Leg., ch. 198, § 2.186, eff. Sept. 1, 2003.
§ 81.152. FORM OF APPLICATION. (a) An application for
a court order for the management of a person with a communicable
disease must be styled using the person's initials and not the
person's full name.
(b) The application must state whether the application is
for temporary or extended management of a person with a
communicable disease.
(c) Any application must contain the following information
according to the applicant's information and belief:
(1) the person's name and address;
(2) the person's county of residence in this state;
(3) a statement that the person is infected with or is
reasonably suspected of being infected with a communicable disease
that presents a threat to public health and that the person meets
the criteria of this chapter for court orders for the management of
a person with a communicable disease; and
(4) a statement, to be included only in an application
for inpatient treatment, that the person fails or refuses to comply
with written orders of the department or health authority under
Section 81.083, if applicable.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 242, § 2, eff. May 23, 1997; Acts
2003, 78th Leg., ch. 198, § 2.187, eff. Sept. 1, 2003.
§ 81.153. APPOINTMENT OF ATTORNEY. (a) The judge
shall appoint an attorney to represent a person not later than the
24th hour after the time an application for a court order for the
management of a person with a communicable disease is filed if the
person does not have an attorney. The judge shall also appoint a
language or sign interpreter if necessary to ensure effective
communication with the attorney in the person's primary language.
(b) The person's attorney shall receive all records and
papers in the case and is entitled to have access to all hospital
and physicians' records.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 81.154. SETTING ON APPLICATION. (a) The judge or a
magistrate designated under this chapter shall set a date for a
hearing to be held within 14 days after the date on which the
application is served on the person.
(b) The hearing may not be held within the first three days
after the application is filed if the person or the person's
attorney objects.
(c) The court may grant one or more continuances of the
hearing on the motion by a party and for good cause shown or on
agreement of the parties. However, the hearing shall be held not
later than the 30th day after the date on which the original
application is served on the person.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 242, § 3, eff. May 23, 1997.
§ 81.155. NOTICE. (a) The person and the person's
attorney are entitled to receive a copy of the application and
written notice of the time and place of the hearing immediately
after the date for the hearing is set.
(b) A copy of the application and the written notice shall
be delivered in person or sent by certified mail to:
(1) the person's parent, if the person is a minor;
(2) the person's appointed guardian, if the person is
the subject of a guardianship; or
(3) each managing and possessory conservator, that has
been appointed for the person.
(c) The court shall appoint a guardian ad litem for a minor
if the parent cannot be located and a guardian or conservator has
not been appointed.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 81.156. DISCLOSURE OF INFORMATION. (a) The person's
attorney may request information from the attorney general or the
municipal, county, or district attorney, as appropriate, in
accordance with this section if the attorney cannot otherwise
obtain the information. The attorney must request the information
at least 48 hours before the time set for the hearing.
(b) If the person's attorney requests the information in
accordance with Subsection (a), the attorney general or the
municipal, county, or district attorney shall, within a reasonable
time before the hearing, provide the attorney with a statement that
includes:
(1) the provisions of this chapter that will be relied
on at the hearing to establish that the person requires a court
order for the temporary or extended management of a person with a
communicable disease;
(2) the name, address, and telephone number of each
witness who may testify at the hearing;
(3) a brief description of the reasons why temporary
or extended management is required; and
(4) a list of any acts committed by the person that the
applicant will attempt to prove at the hearing.
(c) At the hearing, the judge may admit evidence or
testimony that relates to matters not disclosed under this chapter
if the admission would not deprive the person of a fair opportunity
to contest the evidence or testimony.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 242, § 4, eff. May 23, 1997.
§ 81.157. DISTRICT COURT JURISDICTION. (a) A
proceeding under this chapter must be held in a district court of
the county in which the person is found, resides, or is receiving
court-ordered health services.
(b) If a person subject to an order for temporary management
is receiving services in a county other than the county in which the
court that entered the temporary order is located and requires
extended management, the county in which the temporary order was
issued shall pay the expenses of transporting the person back to the
county for the hearing unless the court that entered the temporary
order arranges with the appropriate court in the county in which the
person is receiving services to hold the hearing on the application
for extended order before the temporary order expires.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 242, § 5, eff. May 23, 1997.
§ 81.158. AFFIDAVIT OF MEDICAL EVALUATION. (a) An
affidavit of medical evaluation must be dated and signed by the
commissioner or the commissioner's designee, or by a health
authority with the concurrence of th
