2005 Texas Health & Safety Code CHAPTER 88. REPORTS OF CHILDHOOD LEAD POISONING

HEALTH & SAFETY CODE

CHAPTER 88. REPORTS OF CHILDHOOD LEAD POISONING


	§ 88.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Child care" includes a school, preschool, 
kindergarten, nursery school, or other similar activity that 
provides care or instruction for young children.
		(2)  "Child care facility" means a public place or a 
residence in which a person furnishes child care.
		(3)  "Health authority" means a physician appointed as 
such under Chapter 121.
		(4)  "Health professional" means an individual whose:                         
			(A)  vocation or profession is directly or 
indirectly related to the maintenance of health in another 
individual;  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.
		(5)  "Lead" includes metallic lead and materials 
containing metallic lead with a potential for release in sufficient 
concentrations to pose a threat to public health.
		(6)  "Blood lead levels of concern" means the presence 
of blood lead concentrations suspected to be associated with mental 
and physical disorders due to absorption, ingestion, or inhalation 
of lead as specified in the most recent criteria issued by the 
United States Department of Health and Human Services, United 
States Public Health Service, Centers for Disease Control and 
Prevention of the United States Public Health Service.
		(7)  "Lead poisoning" means the presence of a confirmed 
venous blood level established by board rule in the range specified 
for medical evaluation and possible pharmacologic treatment in the 
most recent criteria issued by the United States Department of 
Health and Human Services, United States Public Health Service, 
Centers for Disease Control and Prevention of the United States 
Public Health Service.
		(8)  "Local health department" means a department 
created under Chapter 121.
		(9)  "Physician" means a person licensed to practice 
medicine by the Texas State Board of Medical Examiners.
		(10)  "Public health district" means a district created 
under Chapter 121.  
		(11)  "Regional director" means a physician appointed 
by the board as the chief administrative officer of a public health 
region under Chapter 121.
		(12)  "Board" means the Texas Board of Health.                                

Added by Acts 1995, 74th Leg., ch. 965, § 52, eff. Jan. 1, 1996.  
Amended by Acts 2003, 78th Leg., ch. 740, § 3, eff. Sept. 1, 
2003.


	§ 88.002. CONFIDENTIALITY.  (a) Except as specifically 
authorized by this chapter, reports, records, and information 
furnished to a health authority, a regional director, or the 
department that relate to cases or suspected cases of children with 
blood lead levels of concern or lead poisoning 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 childhood lead poisoning and children with blood 
lead levels of concern are not public information under the open 
records law, Chapter 552, Government Code, and may not be released 
or made public on subpoena or otherwise except as provided by this 
chapter.
	(c)  Medical, epidemiologic, or toxicologic 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, 
health authorities, regional directors, and public officers of 
counties and municipalities as necessary to comply with this 
chapter and related rules;
		(4)  to appropriate federal agencies, such as the 
Centers for Disease Control and Prevention of the United States 
Public Health Service, except that the information must be limited 
to the information requested by the agency;  or
		(5)  to medical personnel to the extent necessary in a 
medical emergency to protect the health or life of the child 
identified in the information.
	(d)  The commissioner, a regional director or other 
department employee, a health authority or employee of a public 
health district, a health authority or employee of a county or 
municipal health department, or a public official of a county or 
municipality 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 child identified, 
examined, or treated for lead poisoning or about a child possessing 
blood lead levels of concern by the department, a public health 
district, a local health department, or a health authority without 
the consent of the child's parents, managing conservator, guardian, 
or other person authorized by law to give consent.

Added by Acts 1995, 74th Leg., ch. 965, § 52, eff. Jan. 1, 1996.           


	§ 88.0025. CHILDHOOD LEAD POISONING PREVENTION.  The 
board may implement policies and procedures to promote the 
elimination of childhood lead poisoning within the state.  The 
board may adopt measures to:
		(1)  significantly reduce the incidence of childhood 
lead poisoning throughout the state;
		(2)  improve public awareness of lead safety issues and 
educate both property owners and tenants about practices that can 
reduce the incidence of lead poisoning;  and
		(3)  encourage the testing of children likely to suffer 
the consequences of lead poisoning so that prompt diagnosis and 
treatment and the prevention of harm are possible.

Added by Acts 2003, 78th Leg., ch. 740, § 4, eff. Sept. 1, 2003.           


	§ 88.003. REPORTABLE HEALTH CONDITION.  (a) Childhood 
blood lead levels of concern are reportable.
	(b)  The board by rule may designate:                                          
		(1)  blood lead concentrations in children that must be 
reported;  and      
		(2)  the ages of children for whom the reporting 
requirements apply.        
	(c)  The board may adopt rules that establish a registry of 
children with blood lead levels of concern and lead poisoning.

Added by Acts 1995, 74th Leg., ch. 965, § 52, eff. Jan. 1, 1996.           


	§ 88.004. PERSONS REQUIRED TO REPORT.  (a) A person 
required to report childhood blood lead levels of concern shall 
report to the department in the manner specified by board rule.  
Except as provided by this section, a person required by this 
section to report must make the report immediately after the person 
gains knowledge of the case or suspected case of a child with a 
blood lead level of concern.
	(b)  A physician shall report a case or suspected case of 
childhood lead poisoning or of a child with a blood lead level of 
concern after the physician's first examination of a child for whom 
reporting is required by board rule.
	(c)  A person in charge of an independent clinical 
laboratory, a hospital or clinic laboratory, or other facility in 
which a laboratory examination of a specimen derived from the human 
body yields evidence of a child with a blood lead level of concern 
shall report the findings to the department as required by board 
rule.
	(d)  If a report is not made as required by Subsection (b) or 
(c), the following persons shall report a case or suspected case of 
a child with lead poisoning or a blood lead level of concern and all 
information known concerning the child:
		(1)  the administrator of a hospital licensed under 
Chapter 241;            
		(2)  a professional registered nurse;                                         
		(3)  an administrator or director of a public or 
private child care facility;
		(4)  an administrator of a home health agency;                                
		(5)  an administrator or health official of a public or 
private institution of higher education;
		(6)  a superintendent, manager, or health official of a 
public or private camp, home, or institution;
		(7)  a parent, managing conservator, or guardian;  and                        
		(8)  a health professional.                                                   

Added by Acts 1995, 74th Leg., ch. 965, § 52, eff. Jan. 1, 1996.           


	§ 88.005. REPORTING PROCEDURES.  (a) The board shall 
prescribe the form and method of reporting under this chapter, 
including a report in writing, by telephone, or by electronic data 
transmission.
	(b)  Board rules may require the reports to contain any 
information relating to a case that is necessary for the purposes of 
this chapter, including:
		(1)  the child's name, address, age, sex, and race;                           
		(2)  the child's blood lead concentration;                                    
		(3)  the procedure used to determine the child's blood 
lead concentration;  and
		(4)  the name of the attending physician.                                     
	(c)  The commissioner may authorize an alternate routing of 
information in particular cases if the commissioner determines that 
the customary reporting procedure would cause the information to be 
unduly delayed.

Added by Acts 1995, 74th Leg., ch. 965, § 52, eff. Jan. 1, 1996.           


	§ 88.006. REPORTS OF HOSPITALIZATION;  DEATH.  (a) A 
physician who attends a child during the child's hospitalization 
shall immediately notify the department if the physician knows or 
suspects that the child has lead poisoning or a blood lead level of 
concern and the physician believes the lead poisoning or blood lead 
level of concern resulted from the child's exposure to a dangerous 
level of lead that may be a threat to the public health.
	(b)  A physician who attends a child during the child's last 
illness shall immediately notify the department if the physician:
		(1)  knows or suspects that the child died of lead 
poisoning;  and          
		(2)  believes the lead poisoning resulted from the 
child's exposure to a dangerous level of lead that may be a threat 
to the public health.
	(c)  An attending physician, health authority, or regional 
director, with the consent of the child's survivors, may request an 
autopsy if the physician, health authority, or regional director 
needs further information concerning the cause of death in order to 
protect the public health.  The health authority or regional 
director may order the autopsy to determine the cause of death if 
the child's survivors do not consent to the autopsy.  The autopsy 
results shall be reported to the department.
	(d)  A justice of the peace acting as coroner or a medical 
examiner in the course of an inquest under Chapter 49, Code of 
Criminal Procedure, who finds that a child's cause of death was lead 
poisoning that resulted from exposure to a dangerous level of lead 
that the justice of the peace or medical examiner believes may be a 
threat to the public health shall immediately notify the health 
authority or the regional director in the jurisdiction in which the 
finding is made.

Added by Acts 1995, 74th Leg., ch. 965, § 52, eff. Jan. 1, 1996.