2005 Texas Health & Safety Code CHAPTER 83. EXPOSURE TO AGENT ORANGE

HEALTH & SAFETY CODE

CHAPTER 83. EXPOSURE TO AGENT ORANGE


	§ 83.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Agent Orange" means the herbicide composed 
primarily of trichlorophenoxyacetic acid and dichlorophenoxyacetic 
acid.
		(2)  "Veteran" means a person who served in Vietnam, 
Cambodia, or Laos during the Vietnam conflict and was a resident of 
this state:
			(A)  when the person was inducted into the armed 
forces of the United States of America;  or
			(B)  on March 31, 1981.                                                      

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


	§ 83.002. REPORTS TO DEPARTMENT.  (a) A physician having 
primary responsibility for treating a veteran who believes he may 
have been exposed to chemical defoliants or herbicides or other 
causative agents, including Agent Orange, while serving in the 
armed forces of the United States shall, at the request of the 
veteran, submit a report to the department.
	(b)  If there is no physician having primary responsibility 
for treating the veteran, the hospital treating the veteran shall, 
at the request of the veteran, submit the report to the department.
	(c)  If there is no physician or hospital treating the 
veteran, the veteran may submit the report directly to the 
department.  If the veteran is deceased, the veteran's next of kin 
may submit the report.
	(d)  A report submitted under this section must be on a form 
provided by the department.

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


	§ 83.003. INFORMATION TO DEPARTMENT.  (a) The reporting 
form provided by the department to a physician must request the 
following information:
		(1)  symptoms of the veteran that may be related to 
exposure to a chemical defoliant or herbicide or other causative 
agent, including Agent Orange; 
		(2)  diagnosis of the veteran;  and                                           
		(3)  methods of treatment prescribed.                                         
	(b)  The reporting form provided by the department to a 
veteran or the veteran's next of kin must request the following 
information:
		(1)  symptoms of the veteran that may be related to 
exposure to a chemical defoliant or herbicide or other causative 
agent, including Agent Orange;  and
		(2)  any other information as determined by the 
commissioner.               
	(c)  The department may require the veteran to provide other 
information as determined by the commissioner.

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


	§ 83.004. REPORTS BY DEPARTMENT.  (a) The department 
shall compile and evaluate information submitted under this chapter 
into a report to be distributed annually to members of the 
legislature, the Veterans Administration, the Texas Veterans 
Commission, and other veterans' groups.  The report must include 
statistical information and current research findings on the 
effects of exposure to chemical defoliants or herbicides or other 
causative agents, including Agent Orange.
	(b)  The department shall conduct epidemiological studies on 
veterans who have cancer or other medical problems associated with 
exposure to a chemical defoliant or herbicide or other causative 
agent, including Agent Orange, or who have children born with birth 
defects after the veterans' suspected exposure to a chemical 
defoliant or herbicide or other causative agent, including Agent 
Orange.
	(c)  The department must obtain consent from each veteran to 
be studied under Subsection (b).
	(d)  The department shall compile and evaluate information 
obtained from studies conducted under Subsection (b) into a report 
to be distributed as provided by Subsection (a).

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


	§ 83.005. CONFIDENTIALITY.  (a) The identity of a veteran 
about whom a report has been made under Section 83.002 or 83.004 may 
not be disclosed unless the veteran consents to the disclosure.
	(b)  Statistical information collected under this chapter is 
public information.

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


	§ 83.006. IMMUNITY FROM LIABILITY.  A physician or 
hospital reporting in compliance with this chapter is not civilly 
or criminally liable for providing the information required by this 
chapter.

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


	§ 83.007. CLASS ACTION SUIT.  The attorney general may 
represent a class of individuals composed of veterans who may have 
been injured because of contact with chemical defoliants or 
herbicides or other causative agents, including Agent Orange, in a 
suit for release of information relating to exposure to the 
chemicals during military service and for release of individual 
medical records.

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


	§ 83.008. ASSISTANCE PROGRAM.  (a) The department and the 
health science centers and other medical facilities of The 
University of Texas System shall institute a cooperative program 
to:
		(1)  refer veterans to appropriate state and federal 
agencies to file claims to remedy medical and financial problems 
caused by the veterans' exposure to chemical defoliants or 
herbicides or other causative agents, including Agent Orange; 
		(2)  provide veterans with cytogenetic, sperm, 
immunological, neurological, progeny birth defect, and other 
appropriate clinical or laboratory evaluations to determine if the 
veteran has suffered physical damage as a result of substantial 
exposure to chemical defoliants or herbicides or other causative 
agents, including Agent Orange; 
		(3)  provide veterans with genetic counseling;  and                           
		(4)  refer a veteran's child for further evaluation and 
treatment if the child has a birth defect and the suspected cause of 
the birth defect is the veteran's exposure to a chemical defoliant 
or herbicide or other causative agent, including Agent Orange.
	(b)  The commissioner shall adopt rules necessary to 
administer the program authorized by this section.

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


	§ 83.009. CERTAIN CASES EXCLUDED.  Sections 83.002 and 
83.004 do not apply to veterans treated before January 1, 1982, for 
symptoms typical of a person who has been exposed to a chemical 
defoliant or herbicide or other causative agent, including Agent 
Orange.

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


	§ 83.010. TERMINATION OF PROGRAMS AND DUTIES.  If the 
commissioner determines that an agency of the federal government is 
performing the referral and screening functions required by Section 
83.008, the commissioner may discontinue any program required by 
this chapter or any duty required of a physician or hospital under 
this chapter.

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