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The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease. A a physician appointed as a health authority under Chapter Local Public Health Reorganization Act or the health authority's deee; or.
Diseases & conditions
B a physician appointed as a regional director under Chapter Local Public Health Reorganization Act who performs the duties of a health authority or the regional director's deee. A vocation or profession is directly or indirectly related to the maintenance of the health of another individual or of an animal; and.
B duties require a specified amount of formal education and may require a special examination, certificate oror membership in a regional or national association. The term includes a sheriff or constable. A a declaration by the governor of a state of disaster; and. B a determination by the commissioner that there exists an immediate threat from a communicable disease, health condition, or chemical, biological, radiological, or electromagnetic exposure that:. A potentially poses a risk of death or severe illness or harm to the public; and.
B potentially creates a substantial risk of harmful exposure to the public. A is physically present and living voluntarily in this state.
C intends to make a home in this state, which may be demonstrated by the presence of personal effects at a specific abode in the state; employment in the state; possession of a Texas driver'smotor vehicle registration, voter registration, or other similar documentation; or other pertinent evidence. A the superintendent of a public school system or the superintendent's deee; or. B the principal or other chief administrative officer of a private school.
A produce a disease in, or otherwise impair the health of, either person; or. B cause an infection or disease in a fetus in utero or a newborn.
Acts71st Leg. Amended by Acts78th Leg. Acts83rd Leg. June 14, Acts84th Leg. April 2, September 1, Acts86th Leg. Acts87th Leg. June 16, The department may enter into contracts or agreements with persons as necessary to implement this chapter. The contracts or agreements may provide for payment by the state for materials, equipment, and services. The department may seek, receive, and spend appropriations, grants, fees, or donations for the purpose of identifying, reporting, preventing, or controlling communicable diseases or conditions determined to be injurious or to be a threat to the public health subject to any limitations or conditions prescribed by the legislature.
A private individual performing duties in compliance with orders or instructions of the department or a health authority issued under this chapter is not liable for the death of or injury to a person or for damage to property, except in a case of wilful misconduct or gross negligence.
However, the individual may be isolated or quarantined in an appropriate facility and shall obey the rules, orders, and instructions of the department or health authority while in isolation or quarantine. In times of emergency or epidemic declared by the commissioner, the department is authorized to request information pertaining to names, dates of birth, and most recent addresses of individuals from the driver's records of the Department of Public Safety for the purpose of notification to individuals of the need to receive certain immunizations or diagnostic, evaluation, or treatment services for suspected communicable diseases.
Redeated from Health and Safety Code Sec. The qualifications must include a requirement that the person be trained as a health care provider or have training in the control of infectious and communicable diseases.
Added by Acts84th Leg. If the executive commissioner determines that adopting the federal law or regulations is in the best interest of the state to further achieve the purposes of this chapter, the executive commissioner may by rule adopt all or a part of the federal law or regulations. Each long-term care facility's infection prevention and control program must include:.
Added by Acts86th Leg. Text of section as added by Acts87th Leg. For text of section as added by Acts87th Leg. Added by Acts87th Leg. During a public health disaster, the department shall timely make available to the public on the department's Internet website, in an easy-to-read format, all available de-identified public health data regarding the public health disaster. The department must present data related to individuals as summary statistics consistent with the confidentiality provisions of Sections The executive commissioner and department shall exercise their powers in matters relating to protecting the public health to prevent the introduction of disease into the state.
The types of presentations include mass media productions, outdoor display advertising, newspaper advertising, literature, bulletins, pamphlets, posters, and audiovisual displays. Amended by Acts72nd Leg. The department shall provide regular reports of the incidence, prevalence, and medical and economic effects of each disease that the department determines is a threatening risk to the public health.
Preventing teen dating violence
A disease may be a risk because of its indirect complications. The executive commissioner by rule shall prescribe the data each council must collect under this subsection. A posting the data on the regional advisory council's Internet website; or. B if the regional advisory council does not maintain an Internet website, providing the data in writing on request.
The provision to the department of information relating to a communicable disease or health condition that is not classified as reportable is voluntary only. The commissioner shall issue appropriate instructions relating to complying with the reporting requirements of this section.
Sickle cell disease
The executive commissioner by rule shall establish procedures to determine if should be suspected and reported and to exclude the child from school pending appropriate medical diagnosis or recovery. June 21, Acts82nd Leg.
June 19, Acts80th Leg. The executive commissioner shall require the reports of polymerase chain reaction tests from clinical or hospital laboratories to contain the cycle threshold values and their reference ranges. The department shall collaborate with local health authorities, hospitals, laboratories, and other persons who submit information to the department during a public health disaster or in response to other outbreaks of communicable disease to plan, de, and implement a standardized and streamlined method for sharing information needed during the disaster or response.
The department may require a person submitting information to the department under this subchapter to use the method developed under this section. A hospital shall report to the department and to the applicable trauma service area regional advisory council all information required by the department related to a reportable disease for which a public health disaster is declared.
The department and each regional advisory council shall ensure that information released under this subsection does not contain any personally identifiable information. Each compliance report, at a minimum, must include:. The health authority shall order the autopsy to determine the cause of death if there are no survivors or the survivors withhold consent to the autopsy. The autopsy shall be reported to the department.
The local health department, health authority, or other governmental entity, as applicable, shall remove the person's physical address from any computer-aided dispatch system after the monitoring period expires. This subsection does not affect a person's duty to report child abuse or neglect under Subchapter BChapterFamily Code, except that information made confidential by this chapter may not be released. If that information is required in a court proceeding involving child abuse, the information shall be disclosed in camera.
Only the minimum necessary information may be released under this subsection, as determined by the health authority, the local health department, or the department.
Communicable disease service
Amended by Acts74th Leg. Acts81st Leg. Acts85th Leg. Subject to the confidentiality requirements of this chapter, the department shall require epidemiological reports of disease outbreaks and of individual cases of disease suspected or known to be of importance to the public health.
The department shall evaluate the reports to determine the trends involved and the nature and magnitude of the hazards. The executive commissioner shall adopt rules to implement this subsection.
Acts79th Leg. The criteria must be based on activities that the United States Public Health Service determines pose a risk of infection. The order must:. The person who is subject to the order has the right to an attorney at the hearing, and the court shall appoint an attorney for a person who cannot afford legal representation. The person may not waive the right to an attorney unless the person has consulted with an attorney.
Characteristics of healthy & unhealthy relationships
The attorney for the state and the attorney for the person subject to the order may introduce evidence at the hearing in support of or opposition to the testing of the person. On conclusion of the hearing, the court shall either issue an appropriate order requiring counseling and testing of the person for reportable diseases or refuse to issue the order if the court has determined that the counseling and testing of the person is unnecessary.
The court may assess court costs against the person who requested the test if the court finds that there was not reasonable cause for the request.
If the person subject to the order is found to have a reportable disease, the department or the department's deee shall inform that person and the person who requested the order of the need for medical follow-up and counseling services. The department or the department's deee shall develop protocols for coding test specimens to ensure that any identifying information concerning the person tested will be destroyed as soon as the testing is complete.
Partner names may be used only for field investigation and notification.
The employee shall inform the person who is named as a partner of the:.