2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 2. HEALTH
CHAPTER 82. CANCER REGISTRY  

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES

CHAPTER 82. CANCER REGISTRY

Sec. 82.001. SHORT TITLE. This chapter may be cited as the

Texas Cancer Incidence Reporting Act.

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

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 33, eff. Sept. 1,

1991.

Sec. 82.002. DEFINITIONS. In this chapter:

(1) "Cancer" includes:

(A) a large group of diseases characterized by uncontrolled

growth and spread of abnormal cells;

(B) any condition of tumors having the properties of anaplasia,

invasion, and metastasis;

(C) a cellular tumor the natural course of which is fatal,

including malignant and benign tumors of the central nervous

system; and

(D) malignant neoplasm, other than nonmelanoma skin cancers such

as basal and squamous cell carcinomas.

(2) "Clinical laboratory" means an accredited facility in

which:

(A) tests are performed identifying findings of anatomical

changes; and

(B) specimens are interpreted and pathological diagnoses are

made.

(3) "Health care facility " means:

(A) a general or special hospital as defined by Chapter 241

(Texas Hospital Licensing Law);

(B) an ambulatory surgical center licensed under Chapter 243;

(C) an institution licensed under Chapter 242; or

(D) any other facility, including an outpatient clinic, that

provides diagnosis or treatment services to patients with cancer.

(4) "Health care practitioner" means:

(A) a physician as defined by Section 151.002, Occupations Code;

or

(B) a person who practices dentistry as described by Section

251.003, Occupations Code.

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

Amended by Acts 2001, 77th Leg., ch. 589, Sec. 1, eff. Sept. 1,

2001.

Sec. 82.003. APPLICABILITY OF CHAPTER. This chapter applies to

records of cases of cancer, diagnosed on or after January 1,

1979, and to records of all ongoing cancer cases diagnosed before

January 1, 1979.

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

Amended by Acts 2001, 77th Leg., ch. 589, Sec. 2, eff. Sept. 1,

2001.

Sec. 82.004. REGISTRY REQUIRED. The board shall maintain a

cancer registry for the state.

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

Sec. 82.005. CONTENT OF REGISTRY. (a) The cancer registry must

be a central data bank of accurate, precise, and current

information that medical authorities agree serves as an

invaluable tool in the early recognition, prevention, cure, and

control of cancer.

(b) The cancer registry must include:

(1) a record of the cases of cancer that occur in the state; and

(2) information concerning cancer cases as the board considers

necessary and appropriate for the recognition, prevention, cure,

or control of cancer.

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

Amended by Acts 2001, 77th Leg., ch. 589, Sec. 3, eff. Sept. 1,

2001.

Sec. 82.006. BOARD POWERS. To implement this chapter, the board

may:

(1) adopt rules that the board considers necessary;

(2) execute contracts that the board considers necessary;

(3) receive the data from medical records of cases of cancer

that are in the custody or under the control of clinical

laboratories, health care facilities, and health care

practitioners to record and analyze the data directly related to

those diseases;

(4) compile and publish statistical and other studies derived

from the patient data obtained under this chapter to provide, in

an accessible form, information that is useful to physicians,

other medical personnel, and the general public;

(5) comply with requirements as necessary to obtain federal

funds in the maximum amounts and most advantageous proportions

possible;

(6) receive and use gifts made for the purpose of this chapter;

and

(7) limit cancer reporting activities under this chapter to

specified geographic areas of the state to ensure optimal use of

funds available for obtaining the data.

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

Amended by Acts 2001, 77th Leg., ch. 589, Sec. 4, eff. Sept. 1,

2001.

Sec. 82.007. REPORTS. (a) The department shall publish an

annual report to the legislature of the information obtained

under this chapter.

(b) The department, in cooperation with other cancer reporting

organizations and research institutions, may publish reports the

department determines are necessary or desirable to carry out the

purpose of this chapter.

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

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 34, eff. Sept. 1,

1991.

Sec. 82.008. DATA FROM MEDICAL RECORDS. (a) To ensure an

accurate and continuing source of data concerning cancer, each

health care facility, clinical laboratory, and health care

practitioner shall furnish to the board or its representative, on

request, data the board considers necessary and appropriate that

is derived from each medical record pertaining to a case of

cancer that is in the custody or under the control of the health

care facility, clinical laboratory, or health care practitioner.

The department may not request data that is more than three years

old unless the department is investigating a possible cancer

cluster.

(b) A health care facility, clinical laboratory, or health care

practitioner shall furnish the data requested under Subsection

(a) in a reasonable format prescribed by the department and

within six months of the patient's admission, diagnosis, or

treatment for cancer unless a different period is prescribed by

the United States Department of Health and Human Services.

(c) The data required to be furnished under this section must

include patient identification and diagnosis.

(d) The department may access medical records that would

identify cases of cancer, establish characteristics or treatment

of cancer, or determine the medical status of any identified

patient from the following sources:

(1) a health care facility or clinical laboratory providing

screening, diagnostic, or therapeutic services to a patient with

respect to cancer; or

(2) a health care practitioner diagnosing or providing treatment

to a patient with cancer, except as described by Subsection (g).

(e) The board shall adopt procedures that ensure adequate notice

is given to the health care facility, clinical laboratory, or

health care practitioner before the department accesses data

under Subsection (d).

(f) A health care facility, clinical laboratory, or health care

practitioner that knowingly or in bad faith fails to furnish data

as required by this chapter shall reimburse the department or its

authorized representative for the costs of accessing and

reporting the data. The costs reimbursed under this subsection

must be reasonable, based on the actual costs incurred by the

department or by its authorized representative in the collection

of data under Subsection (d), and may include salary and travel

expenses. The department may assess a late fee on an account that

is 60 days or more overdue. The late fee may not exceed one and

one-half percent of the total amount due on the late account for

each month or portion of a month the account is not paid in full.

A health care facility, clinical laboratory, or health care

practitioner may request that the department conduct a hearing to

determine whether reimbursement to the department under this

subsection is appropriate.

(g) The department may not require a health care practitioner to

furnish data or provide access to records if:

(1) the data or records pertain to cases reported by a health

care facility providing screening, diagnostic, or therapeutic

services to cancer patients that involve patients referred

directly to or previously admitted to the facility; and

(2) the facility reported the same data the practitioner would

be required to report.

(h) The data required to be furnished under this section may be

shared with cancer registries of health care facilities subject

to the confidentiality provisions in Section 82.009.

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

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 35, eff. Sept. 1,

1991; Acts 1997, 75th Leg., ch. 343, Sec. 1, eff. May 27, 1997;

Acts 1999, 76th Leg., ch. 1411, Sec. 23.01, eff. Sept. 1, 1999;

Acts 2001, 77th Leg., ch. 589, Sec. 5, eff. Sept. 1, 2001.

Sec. 82.009. CONFIDENTIALITY. (a) Reports, records, and

information obtained under this chapter are confidential and are

not subject to disclosure under Chapter 552, Government Code, are

not subject to subpoena, and may not otherwise be released or

made public except as provided by this section or Section

82.008(h). The reports, records, and information obtained under

this chapter are for the confidential use of the department and

the persons or public or private entities that the department

determines are necessary to carry out the intent of this chapter.

(b) Medical or epidemiological information may be released:

(1) for statistical purposes in a manner that prevents

identification of individuals, health care facilities, clinical

laboratories, or health care practitioners;

(2) with the consent of each person identified in the

information; or

(3) to promote cancer research, including release of information

to other cancer registries and appropriate state and federal

agencies, under rules adopted by the board to ensure

confidentiality as required by state and federal laws.

(c) A state employee may not testify in a civil, criminal,

special, or other proceeding as to the existence or contents of

records, reports, or information concerning an individual whose

medical records have been used in submitting data required under

this chapter unless the individual consents in advance.

(d) Data furnished to a cancer registry or a cancer researcher

under Subsection (b) or Section 82.008(h) is for the confidential

use of the cancer registry or the cancer researcher, as

applicable, and is subject to Subsection (a).

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

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 343, Sec. 2, eff. May

27, 1997; Acts 1999, 76th Leg., ch. 1411, Sec. 23.02, eff. Sept.

1, 1999; Acts 2001, 77th Leg., ch. 589, Sec. 6, eff. Sept. 1,

2001.

Sec. 82.010. IMMUNITY FROM LIABILITY. The following persons

subject to this chapter that act in compliance with this chapter

are not civilly or criminally liable for furnishing the

information required under this chapter:

(1) a health care facility or clinical laboratory;

(2) an administrator, officer, or employee of a health care

facility or clinical laboratory;

(3) a health care practitioner or employee of a health care

practitioner; and

(4) an employee of the department.

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

Amended by Acts 2001, 77th Leg., ch. 589, Sec. 7, eff. Sept. 1,

2001.

Sec. 82.011. EXAMINATION AND SUPERVISION NOT REQUIRED. This

chapter does not require an individual to submit to any medical

examination or supervision or to examination or supervision by

the board or its representatives.

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