2005 Texas Health & Safety Code CHAPTER 96. RESPIRATORY SYNCYTIAL VIRUS

HEALTH & SAFETY CODE

CHAPTER 96. RESPIRATORY SYNCYTIAL VIRUS






	§ 96.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Department" means the Department of State Health 
Services.            
		(2)  "Executive commissioner" means the executive 
commissioner of the Health and Human Services Commission.
		(3)  "Health facility" includes:                                              
			(A)  a general or special hospital licensed by the 
department under Chapter 241;
			(B)  a physician-owned or physician-operated 
clinic;                       
			(C)  a publicly or privately funded medical 
school;                        
			(D)  a state hospital or state school maintained 
and managed by the Department of State Health Services or the 
Department of Aging and Disability Services;
			(E)  a public health clinic conducted by a local 
health unit, health department, or public health district organized 
and recognized under Chapter 121;  and
			(F)  another facility specified by a rule adopted 
by the executive commissioner.
		(4)  "Local health unit" has the meaning assigned by 
Section 121.004.       
		(5)  "RSV" means respiratory syncytial virus.                                 

Added by Acts 2005, 79th Leg., ch. 152, § 1, eff. Sept. 1, 2005.           


	§ 96.002. CONFIDENTIALITY.  (a) Except as specifically 
authorized by this chapter, reports, records, and information 
furnished to a department employee or to an authorized agent of the 
department that relate to cases or suspected cases of a health 
condition are confidential and may be used only for the purposes of 
this chapter.
	(b)  Reports, records, and information relating to cases or 
suspected cases of health conditions are not public information 
under Chapter 552, Government Code, and may not be released or made 
public on subpoena or otherwise except as provided by this chapter.
	(c)  The department may release medical, epidemiological, or 
toxicological information:
		(1)  for statistical purposes, if released in a manner 
that prevents the identification of any person;
		(2)  to medical personnel, appropriate state agencies, 
health authorities, regional directors, and public officers of 
counties and municipalities as necessary to comply with this 
chapter and rules relating to the identification, monitoring, and 
referral of children with RSV;  or
		(3)  to appropriate federal agencies, such as the 
Centers for Disease Control and Prevention of the United States 
Public Health Service.

Added by Acts 2005, 79th Leg., ch. 152, § 1, eff. Sept. 1, 2005.           


	§ 96.003. LIMITATION OF LIABILITY.  A health 
professional, a health facility, or an administrator, officer, or 
employee of a health facility subject to this chapter is not civilly 
or criminally liable for divulging information required to be 
released under this chapter, except in a case of gross negligence or 
wilful misconduct.

Added by Acts 2005, 79th Leg., ch. 152, § 1, eff. Sept. 1, 2005.           


	§ 96.004. COOPERATION OF GOVERNMENTAL ENTITIES.  Another 
state board, commission, agency, or governmental entity capable of 
assisting the department in carrying out the intent of this chapter 
shall cooperate with the department and furnish expertise, 
services, and facilities to the sentinel surveillance program.

Added by Acts 2005, 79th Leg., ch. 152, § 1, eff. Sept. 1, 2005.           


	§ 96.005. SENTINEL SURVEILLANCE PROGRAM.  (a) The 
executive commissioner shall establish in the department a program 
to:
		(1)  identify by sentinel surveillance RSV infection in 
children;  and      
		(2)  maintain a central database of 
laboratory-confirmed cases of RSV that can be used to investigate 
the incidence, prevalence, and trends of RSV. 
	(b)  In establishing the sentinel surveillance program for 
RSV, the executive commissioner shall consider:
		(1)  the number and geographic distribution of children 
in the state;       
		(2)  the location of health facilities that collect RSV 
information locally;  and
		(3)  the use of existing data collected by health 
facilities.               
	(c)  The executive commissioner shall adopt rules to govern 
the operation of the program and carry out the intent of this 
chapter, including rules that specify a system for selecting the 
demographic areas in which the department collects information.

Added by Acts 2005, 79th Leg., ch. 152, § 1, eff. Sept. 1, 2005.           


	§ 96.006. DATA COLLECTION.  (a) To ensure an accurate 
source of data, the executive commissioner may require a health 
facility or health professional to make available for review by the 
department or by an authorized agent medical records or other 
information that is in the facility's or professional's custody or 
control and that relates to an occurrence of RSV.
	(b)  The executive commissioner by rule shall prescribe the 
manner in which data are reported to the department.

Added by Acts 2005, 79th Leg., ch. 152, § 1, eff. Sept. 1, 2005.           


	§ 96.007. DATABASE.  (a) Information collected and 
analyzed by the department or an authorized agent under this 
chapter may be placed in a central database to facilitate 
information sharing and provider education.
	(b)  The department may use the database to:                                   
		(1)  design and evaluate measures to prevent the 
occurrence of RSV and other health conditions;  and
		(2)  provide information and education to providers on 
the incidence of RSV infection.

Added by Acts 2005, 79th Leg., ch. 152, § 1, eff. Sept. 1, 2005.           






	§ 96.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Arthritis" means a rheumatic disease consisting 
of the chronic inflammation of joints, muscles, or connective 
tissue.
		(2)  "Program" means the arthritis control and 
prevention program.          

Added by Acts 2005, 79th Leg., ch. 326, § 1, eff. Sept. 1, 2005.           


	§ 96.002. ARTHRITIS CONTROL AND PREVENTION PROGRAM.  To 
the extent that money has been appropriated or is otherwise 
available, the department shall develop and implement an arthritis 
control and prevention program to:
		(1)  heighten awareness and enhance knowledge and 
understanding of arthritis among consumers, health professionals, 
teachers, and human services providers;  and
		(2)  work to increase and improve community-based 
services available to persons with arthritis and their families.

Added by Acts 2005, 79th Leg., ch. 326, § 1, eff. Sept. 1, 2005.           


	§ 96.003. NEEDS ASSESSMENT.  As part of the program, the 
department shall work with public and private organizations to 
assess the current status of arthritis, considering information 
such as:
		(1)  mortality and morbidity;                                                 
		(2)  public and professional awareness;  and                                  
		(3)  educational needs for and support services 
available to people with arthritis.

Added by Acts 2005, 79th Leg., ch. 326, § 1, eff. Sept. 1, 2005.           


	§ 96.004. PUBLIC AWARENESS.  (a) The department through 
the program shall work with public and private organizations to 
raise public awareness of:
		(1)  the causes and nature of arthritis;                                      
		(2)  personal risk factors;                                                   
		(3)  the value of prevention and early detection;                             
		(4)  ways to minimize preventable pain;  and                                  
		(5)  options for diagnosing and treating arthritis.                           
	(b)  The department may use strategies, including strategies 
consistent with the National Arthritis Action Plan and other state 
arthritis planning efforts to heighten public awareness under 
Subsection (a).

Added by Acts 2005, 79th Leg., ch. 326, § 1, eff. Sept. 1, 2005.           


	§ 96.005. TECHNICAL ASSISTANCE.  In implementing the 
program, the department may:
		(1)  identify, replicate, and use successful 
evidence-based arthritis programs;  and
		(2)  obtain relevant materials and services from 
organizations with appropriate expertise and knowledge of 
arthritis.

Added by Acts 2005, 79th Leg., ch. 326, § 1, eff. Sept. 1, 2005.           


	§ 96.006. ADMINISTRATIVE PROVISIONS.  (a) The department 
may enter into contracts or agreements as necessary to carry out 
this chapter.  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 money 
received through appropriations, grants, donations, or 
contributions from public or private sources to develop and 
implement the program.
	(c)  The department shall provide and train staff to 
implement the program.  

Added by Acts 2005, 79th Leg., ch. 326, § 1, eff. Sept. 1, 2005.           


	§ 96.007. ARTHRITIS ADVISORY COMMITTEE.  (a) The 
department shall establish and coordinate the Arthritis Advisory 
Committee.  The committee consists of members appointed by the 
commissioner, including:
		(1)  persons with arthritis;                                                  
		(2)  public health educators or other persons 
knowledgeable in health education;
		(3)  medical experts on arthritis;                                            
		(4)  providers of arthritis health care;  and                                 
		(5)  representatives of national arthritis 
organizations and their local chapters.
	(b)  The committee shall advise the department on developing 
and implementing the program.
	(c)  A member of the committee receives no additional 
compensation for serving on the committee and may not be reimbursed 
for travel or other expenses incurred while conducting the business 
of the committee.
	(d)  The committee is not subject to Chapter 2110, Government 
Code.          

Added by Acts 2005, 79th Leg., ch. 326, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER A. GENERAL PROVISIONS






	§ 96.001. DEFINITIONS.                                                      

Text of section effective until January 1, 2007
	(a)  In this chapter:                                                          
		(1)  "Advisory panel" means the Advisory Panel on 
Health Care Associated Infections.
		(2)  "Commissioner" means the commissioner of state 
health services.        
		(3)  "Department" means the Department of State Health 
Services.            
		(4)  "Health care associated infection" means a 
localized or symptomatic condition resulting from an adverse 
reaction to an infectious agent or its toxins to which a patient is 
exposed in the course of health care delivery.
		(5)  "Health care facility" means a hospital licensed 
under Chapter 241 or an ambulatory surgical center licensed under 
Chapter 243.
		(6)  "Infection rate" means the number of health care 
associated infections at a health care facility divided by a 
numerical measure over time of the population at risk for 
contracting the infection.
		(7)  "Process measure" means a measure of a health care 
facility's compliance with recommended infection control 
practices.
	(b)  The advisory panel may modify or define the term 
"infection rate" as necessary to accomplish the purposes of this 
chapter.

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.           


	§ 96.002. APPLICABILITY OF OTHER LAW.                                       

Text of section effective until January 1, 2007
	Chapter 2110, Government Code, does not apply to the advisory 
panel created under Subchapter B.

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.           


	§ 96.003. EXPIRATION.                                                       

Text of section effective until January 1, 2007
	This chapter expires January 1, 2007.                                          

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.           

SUBCHAPTER B. ADVISORY PANEL ON HEALTH CARE ASSOCIATED INFECTIONS


	§ 96.051. ESTABLISHMENT.                                                    

Text of section effective until January 1, 2007
	The commissioner shall establish the Advisory Panel on Health 
Care Associated Infections within the regulatory licensing unit of 
the health care quality section of the department.

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.           


	§ 96.052. MEMBERSHIP.                                                       

Text of section effective until January 1, 2007
	The advisory panel is composed of 14 members as follows:                       
		(1)  two infection control practitioner members who:                          
			(A)  are certified by the Certification Board of 
Infection Control and Epidemiology;  and
			(B)  are practicing in hospitals in this state, at 
least one of which must be a rural hospital;
		(2)  two infection control practitioner members who:                          
			(A)  are certified by the Certification Board of 
Infection Control and Epidemiology;  and
			(B)  are nurses licensed to engage in professional 
nursing under Chapter 301, Occupations Code;
		(3)  three board-certified or board-eligible physician 
members who:         
			(A)  are licensed to practice medicine in this 
state under Chapter 155, Occupations Code, at least two of whom have 
active medical staff privileges at a hospital in this state;
			(B)  are active members of the Society for 
Healthcare Epidemiology of America;  and
			(C)  have demonstrated expertise in infection 
control in health care facilities;
		(4)  one member who is a chief executive officer of a 
hospital licensed under Chapter 241;
		(5)  one member who is a chief executive officer of an 
ambulatory surgical center licensed under Chapter 243;
		(6)  three members who:                                                       
			(A)  are department employees representing the 
department in epidemiology and the licensing of hospitals or 
ambulatory surgical centers;  and
			(B)  serve as nonvoting members of the advisory 
panel;  and                
		(7)  two members who represent the public as consumers.                       

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.           


	§ 96.053. MEMBER ELIGIBILITY.                                               

Text of section effective until January 1, 2007
	A person may not be a member of the advisory panel 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 health care.

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.           


	§ 96.054. OFFICERS.                                                         

Text of section effective until January 1, 2007
	The members of the advisory panel shall elect a presiding 
officer and an assistant presiding officer from among the members.

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.           


	§ 96.055. COMPENSATION;  EXPENSES.                                          

Text of section effective until January 1, 2007
	(a)  Except as provided by Subsection (b), a member of the 
advisory panel is not entitled to compensation for service on the 
advisory panel 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 the 
business of the advisory panel from the funds of the agency the 
person represents in accordance with the General Appropriations 
Act.

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.           


	§ 96.056. VACANCY.                                                          

Text of section effective until January 1, 2007
	A vacancy on the advisory panel shall be filled by the 
commissioner.         

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.           


	§ 96.057. ABOLISHED.                                                        

Text of section effective until January 1, 2007
	The Advisory Panel on Health Care Associated Infections is 
abolished January 1, 2007.

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.           

SUBCHAPTER C. POWERS AND DUTIES OF ADVISORY PANEL


	§ 96.101. GENERAL POWERS AND DUTIES.                                        

Text of section effective until January 1, 2007
	(a)  The advisory panel, using nationally accepted measures, 
shall study and recommend definitions and methodologies for 
collecting and reporting evidence-based data on:
		(1)  infection rates;                                                         
		(2)  process measures;  or                                                    
		(3)  both infection rates and process measures.                               
	(b)  In developing the recommendations described in 
Subsection (a), the advisory panel shall consider:
		(1)  adjusting the reported infection rates to account 
for the differences in patient populations and for factors outside 
the control of the health care facility;
		(2)  standardizing data collection methodology and 
reporting;               
		(3)  reviewing data collection and reporting systems of 
other entities related to infection rates, such as the National 
Nosocomial Infections Surveillance System of the federal Centers 
for Disease Control and Prevention;
		(4)  reviewing data collection and reporting systems of 
other entities related to process measures, such as the Joint 
Commission on Accreditation of Healthcare Organizations or the 
Centers for Medicare and Medicaid Services;
		(5)  maximizing the efficient use of the resources 
required for health care facilities to conduct required 
surveillance and reporting;
		(6)  recognizing the potential unintended consequences 
of public reporting that is poorly designed or executed and that may 
diminish the overall quality of this state's health care or mislead 
or fail to protect health care consumers who use the data;  and
		(7)  providing additional benefits to health care 
consumers.                

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.           


	§ 96.102. REPORT TO LEGISLATURE.                                            

Text of section effective until January 1, 2007
	(a)  Not later than November 1, 2006, the commissioner shall 
file a report with the presiding officer of each house of the 
legislature on the advisory panel's recommendations for 
legislation regarding the collection and reporting of infection 
rates, process measures, or both.
	(b)  The report shall include a recommendation that the 
legislation set September 1, 2007, as the date for hospitals and 
ambulatory surgical centers to comply with the legislation.

Added by Acts 2005, 79th Leg., ch. 836, § 3, eff. Sept. 1, 2005.