2005 Texas Health & Safety Code CHAPTER 92. INJURY PREVENTION AND CONTROL

HEALTH & SAFETY CODE

CHAPTER 92. INJURY PREVENTION AND CONTROL

SUBCHAPTER A. GENERAL PROVISIONS


	§ 92.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Injury" means damage to the body that results 
from intentional or unintentional acute exposure to thermal, 
mechanical, electrical, or chemical energy or from the absence of 
essentials such as heat or oxygen.
		(2)  "Reportable injury" means an injury or condition 
required to be reported under this subchapter.
		(3)  "Traumatic brain injury" means an acquired injury 
to the brain, including brain injuries caused by anoxia due to near 
drowning.  The term does not include brain dysfunction caused by 
congenital or degenerative disorders or birth trauma.

Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Health & Safety Code § 87.001 by Acts 
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Health and Safety Code § 88.001 by 
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.  
Amended by Acts 1997, 75th Leg., ch. 893, § 1, eff. Sept. 1, 
1997;  Acts 2003, 78th Leg., ch. 1088, § 3, eff. Sept. 1, 2003.


	§ 92.002. REPORTABLE INJURY;  RULES.  (a) Spinal cord 
injuries, traumatic brain injuries, and submersion injuries are 
reportable to the department.  The board by rule shall define those 
terms for reporting purposes.
	(b)  The board may adopt rules that require other injuries to 
be reported under this subchapter.
	(c)  The board shall maintain and revise, as necessary, the 
list of reportable injuries.
	(d)  The board shall adopt rules necessary to administer this 
subchapter.    

Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Health & Safety Code § 87.002 by Acts 
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Health and Safety Code § 88.002 by 
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.  
Amended by Acts 1997, 75th Leg., ch. 893, § 2, eff. Sept. 1, 
1997;  Acts 2003, 78th Leg., ch. 1088, § 4, eff. Sept. 1, 2003.


	§ 92.003. REPORTING REQUIREMENTS.  (a) The following 
persons shall report cases or suspected cases of reportable 
injuries to the department:
		(1)  a physician who diagnoses or treats a reportable 
injury;  and          
		(2)  a medical examiner or justice of the peace.                              
	(b)  The department may contact a physician attending a 
person with a case or suspected case of a reportable injury.
	(c)  The board shall prescribe the form and method of 
reporting.  The board may require the reports to contain any 
information, including the person's name, address, age, sex, race, 
occupation, employer, and attending physician, necessary to 
achieve the purposes of this subchapter.

Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Health & Safety Code § 87.003 by Acts 
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Health and Safety Code § 88.003 by 
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.  
Amended by Acts 1997, 75th Leg., ch. 893, § 3, eff. Sept. 1, 
1997;  Acts 2003, 78th Leg., ch. 1088, § 5, eff. Sept. 1, 2003.


	§ 92.004. POWERS AND DUTIES OF DEPARTMENT.  (a) The 
department may enter into contracts or agreements as necessary to 
carry out this subchapter. The contracts or agreements may provide 
for payment by the state for materials, equipment, and services.
	(b)  The department may seek, receive, and spend any funds 
received through appropriations, grants, donations, or 
contributions from public or private sources for the purpose of 
identifying, reporting, or preventing those injuries that have been 
determined by the board to be harmful or to be a threat to the public 
health.
	(c)  Subject to the confidentiality provisions of this 
subchapter, the department shall evaluate the reports of injuries 
to establish the nature and magnitude of the hazards associated 
with those injuries, to reduce the occurrence of those risks, and to 
establish any trends involved.
	(d)  The department may make inspections and investigations 
as authorized by this subchapter and other law.

Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Health & Safety Code § 87.004 by Acts 
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Health and Safety Code § 88.004 by 
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.  
Amended by Acts 2003, 78th Leg., ch. 1088, § 6, eff. Sept. 1, 
2003.


	§ 92.005. ACCESS TO INFORMATION.  Subject to the 
confidentiality provisions of this subchapter, the department may 
collect, or cause to be collected, medical, demographic, or 
epidemiologic information from any medical or laboratory record or 
file to help the department in the epidemiologic investigation of 
injuries and their causes.

Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Health & Safety Code § 87.005 by Acts 
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Health and Safety Code § 88.005 by 
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.  
Amended by Acts 2003, 78th Leg., ch. 1088, § 7, eff. Sept. 1, 
2003.


	§ 92.006. CONFIDENTIALITY.  (a) All information and 
records relating to injuries are confidential, including 
information from injury investigations.  That information may not 
be released or made public on subpoena or otherwise, except that 
release may be made:
		(1)  for statistical purposes, but only if a person is 
not identified;      
		(2)  with the consent of each person identified in the 
information released;  or
		(3)  to medical personnel in a medical emergency to the 
extent necessary to protect the health or life of the named person.
	(b)  The board shall adopt rules establishing procedures to 
ensure that all information and records maintained by the 
department under this subchapter are kept confidential and 
protected from release to unauthorized persons.
	(c)  The director, the director's designee, or an employee of 
the department may not be examined in a judicial or other proceeding 
about the existence or contents of pertinent records of, 
investigation reports of, or reports or information about a person 
examined or treated for an injury without that person's consent.

Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Health & Safety Code § 87.006 by Acts 
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Health and Safety Code § 88.006 by 
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.  
Amended by Acts 2003, 78th Leg., ch. 1088, § 8, eff. Sept. 1, 
2003.


	§ 92.007. INVESTIGATIONS.  (a) The department shall 
investigate the causes of injuries and methods of prevention.
	(b)  The director or the director's designee may enter at 
reasonable times and inspect within reasonable limits a public 
place or building, including a public conveyance, in the director's 
duty to prevent an injury.
	(c)  The director or the director's designee may not enter a 
private residence to conduct an investigation about the causes of 
injuries without first receiving permission from a lawful adult 
occupant of the residence.

Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Health & Safety Code § 87.007 by Acts 
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Health and Safety Code § 88.007 by 
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.


	§ 92.008. TECHNICAL ADVISORY COMMITTEE ON INJURY 
REPORTING.  (a) The board shall appoint a technical advisory 
committee to advise the board of injuries other than spinal cord 
injuries, traumatic brain injuries, and submersion injuries that 
should be required by rule to be reported under this subchapter.
	(b)  The technical advisory committee is composed of:                          
		(1)  three doctors of medicine or doctors of 
osteopathic medicine licensed to practice in this state;  and
		(2)  three hospital representatives, one of whom must 
be a public hospital representative.
	(c)  A technical advisory committee member serves at the 
pleasure of the board.
	(d)  A vacancy on the technical advisory committee is filled 
by the board in the same manner as other appointments to the 
advisory committee.
	(e)  A member of the technical advisory committee is not 
entitled to reimbursement for expenses incurred in performing 
duties under this subchapter.
	(f)  The technical advisory committee may elect a chairman, 
vice-chairman, and secretary from among its members and may adopt 
rules to conduct its activities.
	(g)  The technical advisory committee is entitled to review 
and comment on the board's rules under Section 92.002(b) before the 
rules are proposed.

Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Health & Safety Code § 87.008 by Acts 
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Health and Safety Code § 88.008 by 
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.  
Amended by Acts 1997, 75th Leg., ch. 893, § 4, eff. Sept. 1, 
1997;  Acts 2003, 78th Leg., ch. 1088, § 9, eff. Sept. 1, 2003.


	§ 92.009. COORDINATION WITH TEXAS DEPARTMENT OF 
INSURANCE.  The department and the Texas Department of Insurance 
shall enter into a memorandum of understanding which shall include 
the following:
		(1)  the department and the Texas Department of 
Insurance shall exchange relevant injury data on an ongoing basis 
notwithstanding Section 92.006;
		(2)  confidentiality of injury data provided to the 
department by the Texas Department of Insurance is governed by 
Subtitle A, Title 5, Labor Code; 
		(3)  confidentiality of injury data provided to the 
Texas Department of Insurance by the department is governed by 
Section 92.006;  and
		(4)  cooperation in conducting investigations of 
work-related injuries.     

Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Health & Safety Code § 87.009 by Acts 
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Health and Safety Code § 88.009 by 
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.  
Amended by Acts 1997, 75th Leg., ch. 893, § 5, eff. Sept. 1, 
1997;  Acts 2005, 79th Leg., ch. 265, § 6.101, eff. Sept. 1, 
2005.


	§ 92.010. COORDINATION WITH TEXAS REHABILITATION 
COMMISSION.  The department and the Texas Rehabilitation 
Commission shall enter into a memorandum of understanding to:
		(1)  exchange relevant injury data on an ongoing basis 
notwithstanding Section 92.006;
		(2)  maintain the confidentiality of injury data 
provided to the department by the commission in accordance with 
Section 92.006 and Section 111.057, Human Resources Code;  and
		(3)  cooperate in conducting investigations of spinal 
cord and traumatic brain injuries.

Added by Acts 1997, 75th Leg., ch. 893, § 6, eff. Sept. 1, 1997.  
Renumbered from § 88.010 and amended by Acts 1999, 76th Leg., ch. 
62, § 11.01, eff. Sept. 1, 1999.


	§ 92.011. COORDINATION WITH TEXAS TRAUMATIC BRAIN INJURY 
ADVISORY COUNCIL.  (a) The department and the Texas Traumatic Brain 
Injury Advisory Council established within the department under 
Subchapter B shall:
		(1)  exchange relevant injury data on an ongoing basis 
to the extent allowed by Section 92.006;
		(2)  maintain the confidentiality of injury data 
provided to the council by the department in accordance with 
Section 92.006;
		(3)  permit the council to review and comment on the 
board's rules under Section 92.002(b) before the rules are 
proposed;  and
		(4)  cooperate in conducting investigations of 
traumatic brain injuries.    
	(b)  The department and the Texas Traumatic Brain Injury 
Advisory Council may enter into a memorandum of understanding to 
facilitate cooperation under Subsection (a).

Added by Acts 1997, 75th Leg., ch. 893, § 6, eff. Sept. 1, 1997.  
Renumbered from § 88.011 and amended by Acts 1999, 76th Leg., ch. 
62, § 11.02, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1088, 
§ 10, eff. Sept. 1, 2003.

SUBCHAPTER B. TEXAS TRAUMATIC BRAIN INJURY ADVISORY COUNCIL


	§ 92.051. DEFINITIONS.  In this subchapter:                                 
		(1)  "Traumatic brain injury support group" means a 
local, state, or national organization that:
			(A)  is established to provide support services to 
aid persons with a traumatic brain injury and their primary family 
caregivers;
			(B)  encourages research into the cause, 
prevention, and treatment of traumatic brain injury and care of 
persons with a traumatic brain injury;  and
			(C)  is dedicated to the development of essential 
services for persons with a traumatic brain injury and their 
primary family caregivers.
		(2)  "Council" means the Texas Traumatic Brain Injury 
Advisory Council.     
		(3)  "Primary family caregiver" means an individual who 
is a relative of a person with a traumatic brain injury who has or 
has had a major responsibility for the care and supervision of the 
person with a traumatic brain injury and who is not a professional 
health care provider paid to care for the person with a traumatic 
brain injury.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.052. ADVISORY COUNCIL;  ASSOCIATED AGENCY.  (a) The 
Texas Traumatic Brain Injury Advisory Council is an advisory 
council within the department.
	(b)  Notwithstanding Subsection (a), if, as a result of 
legislation enacted in the 78th Legislature, Regular Session, 2003, 
a state agency other than the department is designated to serve as 
the agency with primary responsibility in relation to persons with 
physical disabilities, the council is an advisory council within 
that state agency and a reference in this chapter to the department 
means that agency.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.053. MEMBERSHIP.  (a) The council must be composed 
in accordance with federal law.  Appointments to the council shall 
be made without regard to:
		(1)  the race, color, sex, religion, age, or national 
origin of the appointees;  or
		(2)  the disability of the appointees, except as 
required by federal law.   
	(b)  The council is composed of 22 members appointed as 
follows:             
		(1)  eight public consumer members appointed by the 
commissioner of health and human services, at least three of whom 
must be individuals related to persons with a traumatic brain 
injury and at least three of whom must be persons with a brain 
injury;
		(2)  six professional members appointed by the 
commissioner of health and human services, each of whom must have 
special training and interest in the care, treatment, or 
rehabilitation of persons with a traumatic brain injury, with one 
representative each from:
			(A)  acute hospital trauma units;                                            
			(B)  the National Institute for Disability 
Rehabilitation Research Traumatic Brain Injury Model System in this 
state;
			(C)  acute or post-acute rehabilitation 
facilities;                        
			(D)  community-based services;                                               
			(E)  faculties of institutions of higher 
education;  and                   
			(F)  providers in the areas of physical therapy, 
occupational therapy, or cognitive rehabilitation;  and
		(3)  eight state agency members, with one 
representative from each of the following agencies appointed by the 
chief executive officer of the agency:
			(A)  Texas Department of Health;                                             
			(B)  Texas Department of Human Services;                                     
			(C)  Texas Department of Mental Health and Mental 
Retardation;             
			(D)  Texas Rehabilitation Commission;                                        
			(E)  Health and Human Services Commission;                                   
			(F)  Texas Education Agency;                                                 
			(G)  Texas Planning Council for Developmental 
Disabilities;  and           
			(H)  Texas Department of Insurance.                                          
	(c)  One of the six public consumer members appointed under 
Subsection (b)(1) must be a member of a statewide traumatic brain 
injury support group.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.054. OFFICERS.  (a) The members of the council 
annually shall elect a presiding officer and an assistant presiding 
officer from the council members.
	(b)  A representative of a state agency may not serve as 
presiding officer or assistant presiding officer.
	(c)  At least one of the officers must be a public consumer 
member.          

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.055. RESTRICTIONS ON MEMBERS.  (a) In this section, 
"Texas trade association" means a cooperative and voluntarily 
joined association of business or professional competitors in this 
state designed to assist its members and its industry or profession 
in dealing with mutual business or professional problems and in 
promoting their common interest.  The term does not include a 
voluntary health organization.
	(b)  A person may not be a public consumer member of the 
council if the person or the person's spouse:
		(1)  is employed by or participates in the management 
of a business entity or other organization receiving money from the 
council;
		(2)  owns or controls, directly or indirectly, more 
than a 10 percent interest in a business entity or other 
organization receiving money from the council;  or
		(3)  uses or receives a substantial amount of tangible 
goods, services, or money from the council, other than compensation 
or reimbursement authorized by law for council membership, 
attendance, or expenses.
	(c)  A person may not be a member of the council if the person 
is an officer, employee, or paid consultant of a Texas trade 
association in a health care field.
	(d)  A person may not be a member of the council if the person 
is required to register as a lobbyist under Chapter 305, Government 
Code, because of the person's activities for compensation on behalf 
of a profession related to the operation of the council.
	(e)  It is a ground for removal from the council that a 
member:              
		(1)  does not have at the time of taking office the 
qualifications required by Section 92.053(b);
		(2)  does not maintain during service on the council 
the qualifications required by Section 92.053(b);
		(3)  is ineligible for membership under Subsection (b), 
(c), or (d);        
		(4)  cannot, because of illness or disability, 
discharge the member's duties for a substantial part of the member's 
term;  or
		(5)  is absent from more than half of the regularly 
scheduled council meetings that the member is eligible to attend 
during a calendar year without an excuse approved by a majority vote 
of the council.
	(f)  The validity of an action of the council is not affected 
by the fact that it is taken when a ground for removal of a council 
member exists.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.056. TERMS;  VACANCY.  (a) The public consumer and 
professional members of the council are appointed for staggered 
six-year terms, with the terms of four or five members expiring 
February 1 of each odd-numbered year.
	(b)  In addition to other methods by which a position may 
become vacant, a position on the council becomes vacant if a member 
resigns from the council by providing written notice to the 
presiding officer of the council.
	(c)  If a position on the council becomes vacant, the 
presiding officer shall provide written notice to the appropriate 
appointing official requesting a new appointment to fill the 
remainder of the member's term.
	(d)  If a vacancy occurs, the appropriate appointing 
official shall appoint a person, in the same manner as the original 
appointment, to serve for the remainder of the unexpired term.
	(e)  A person who has served one full term on the council is 
not eligible for reappointment.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.057. COMPENSATION;  EXPENSES.  (a) Except as 
provided by Subsections (b) and (c), a member of the council is not 
entitled to compensation for service on the council and is not 
entitled to reimbursement for travel expenses.
	(b)  A member who is a representative of a state agency shall 
be reimbursed for travel expenses incurred while conducting council 
business from the funds of the agency the person represents in 
accordance with the General Appropriations Act.
	(c)  If money is available for this purpose in the account 
established under Section 92.062(b), the department shall 
reimburse a public consumer member for the member's actual and 
necessary expenses incurred in performing council duties, 
including travel, meals, lodging, respite care for a dependent with 
a disability, and telephone long-distance charges.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.058. MEETINGS.  The council shall meet at least once 
each calendar quarter on meeting dates set by the council and at the 
call of the presiding officer.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.059. DUTIES OF THE COUNCIL.  The council shall:                        
		(1)  inform state leaders of issues and policies as 
they relate to meeting the needs of persons with a traumatic brain 
injury and their primary family caregivers;
		(2)  recommend to state leaders policies and programs 
that more effectively serve persons with a traumatic brain injury 
and their families;
		(3)  recommend to the department methods to explore and 
promote innovative approaches to providing services and support to 
persons with a traumatic brain injury and their families;
		(4)  recommend to the department methods to promote 
education, training, and information about traumatic brain injury 
issues;
		(5)  advocate for persons with a traumatic brain injury 
and their families; 
		(6)  recommend to the department methods to support 
activities aimed at reducing preventable brain injuries;  and
		(7)  recommend to the department methods to conduct 
outreach to obtain public input.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.060. DUTIES OF THE DEPARTMENT.  (a) The department 
shall:            
		(1)  provide administrative support services to the 
council;                
		(2)  accept gifts and grants on behalf of the council 
from any public or private entity;
		(3)  receive, deposit, and disburse gifts and grants 
for the council in accordance with this subchapter and provide 
other administrative services in support of the council as 
requested by and negotiated with the council;  and
		(4)  enter into a memorandum of understanding with the 
council that delineates the responsibilities of the department and 
the council under this subchapter and amend the memorandum as 
necessary to reflect changes in those responsibilities.
	(b)  The board may adopt rules as necessary to implement the 
department's duties under this subchapter and federal 
developmental disability laws.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.061. ADDITIONAL COUNCIL DUTIES.  The council shall:                    
		(1)  make recommendations, at the request of the 
governor or legislative leaders, relating to activities 
appropriate to the achievement of legislative and executive 
functions relating to persons with a traumatic brain injury;  and
		(2)  submit to the governor, legislature, and other 
appropriate state and federal authorities periodic reports on the 
council's responsibilities and performance.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.062. GIFTS AND GRANTS.  (a) The council is 
encouraged to seek a gift or grant from any public or private 
entity.
	(b)  The health and human services commission shall deposit 
any money received under Subsection (a) to the credit of the Texas 
Traumatic Brain Injury Advisory Council account.  The Texas 
Traumatic Brain Injury Advisory Council account is an account in 
the general revenue fund that may be appropriated only for the 
purpose of carrying out this subchapter.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.          


	§ 92.063. ADVISORY COMMITTEE STATUTE 
INAPPLICABLE.  Chapter 2110, Government Code, does not apply to the 
council.

Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.