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State Law
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Texas Health & Safety Code - Chapter 161 Public Health ProvisionsLegal Research Home > Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Chapter 161 Public Health Provisions In this subchapter: (1) "Data elements" means the information a health care provider who administers a vaccine is required to record in a medical record ... (a) A person who administers or authorizes the administration of a vaccine or immunizing agent is not liable for an injury caused by the vaccine ... Information obtained from a physician's medical records by a person conducting an immunization survey for the department is not admissible as evidence in a suit ... (a) In a program administered by the department in which an immunization reminder notice is sent regarding the immunization of a child, the notice must ... (a) Every child in the state shall be immunized against vaccine preventable diseases caused by infectious agents in accordance with the immunization schedule adopted by ... (a) A person claiming an exemption from a required immunization based on reasons of conscience, including a religious belief, under Section 161.004 of this code, ... (a) On admission of a child to a facility of the Texas Department of Mental Health and Mental Retardation, the Texas Department of Criminal Justice, ... (a) This section applies only to a nursing home that: (1) is an institution licensed under Chapter 242; and (2) serves residents who are elderly ... (a) In this section: (1) "Elderly person" means a person who is 65 years of age or older. (2) "End stage renal disease facility" has ... The department, to the extent permitted by law, is authorized to pay employees who are exempt or not exempt for purposes of the Fair Labor ... (a) The department, for purposes of establishing and maintaining a single repository of accurate, complete, and current immunization records to be used in aiding, coordinating, ... (a) The first time the department receives registry data for a child for whom the department has received consent to be included in the registry, ... (a) If the parent, managing conservator, or guardian of a child has reasonable concern that the child's health care provider is not submitting the immunization ... (a) The information that individually identifies a child received by the department for the immunization registry is confidential and may be used by the department ... (a) The department shall report to the Legislative Budget Board, the governor, the lieutenant governor, the speaker of the house of representatives, and appropriate committees ... Except as provided by Section 161.009, the following persons subject to this subchapter that act in compliance with Sections 161.007, 161.0071, 161.0073, 161.0074, and 161.008 ... If the provisions of this chapter relating to the use or disclosure of information in the registry are more stringent than the Health Insurance Portability ... (a) An immunization record is part of the immunization registry. (b) An immunization record contains the: (1) name and date of birth of the person ... (a) A person commits an offense if the person: (1) negligently releases or discloses immunization registry information in violation of Section 161.007, 161.0071, 161.0073, or ... The department shall develop continuing education programs for providers relating to immunizations and the vaccines for children program operated by the department under authority of ... (a) The department shall establish a continuous statewide education program to educate the public about the importance of immunizing children and the risks and contraindications ... (a) The department shall develop new public-private partnerships and work with existing public-private partnership programs, including the Seniors and Volunteers Program For Childhood Immunization, to ... (a) A health care provider who acts in compliance with Sections 161.007 and 161.008 and any rules adopted under those sections is not civilly or ... As part of the education programs under Sections 161.0095 and 161.010, the department shall include information about: (1) respiratory syncytial virus and the importance of ... A person, including an officer or agent of this state or of an instrumentality or political subdivision of this state, may not enter a private ... (a) A person commits an offense if the person violates Section 161.011. An offense under this subsection is punishable by confinement in the state penitentiary ... (a) Unless prohibited by other law, a person, including a hospital, sanatorium, nursing home, rest home, medical society, cancer registry, or other organization, may provide ... (a) Under its duty to protect the public health, the department shall conduct epidemiologic or toxicologic investigations of human illnesses or conditions and of environmental ... To conduct an epidemiologic or toxicologic investigation, the commissioner or the commissioner's designee has the same authority to investigate, sample, inspect, and enter as that ... Reports, records, and information furnished to the commissioner or the commissioner's designee or the Texas Natural Resource Conservation Commission that relate to an epidemiologic or ... (a) The department, a medical organization, a hospital, a hospital committee, or a cancer registry may use or publish information under Section 161.021 only to ... (a) This section applies to: (1) a physician, hospital, medical organization, university health science center, university medical school, or an officer or employee of that ... This subchapter does not apply to a function of a health maintenance organization other than medical peer review and quality assurance conducted under Chapter 843, ... (a) In this subchapter, "medical committee" includes any committee, including a joint committee, of: (1) a hospital; (2) a medical organization; (3) a university medical ... (a) The governing body of a hospital, medical organization, university medical school or health science center, health maintenance organization, extended care facility, hospital district, or ... (a) The records and proceedings of a medical committee are confidential and are not subject to court subpoena. (b) Notwithstanding Section 551.002, Government Code, the ... A member of a medical committee is not liable for damages to a person for an action taken or recommendation made within the scope of ... A physician who attends or treats, or who is requested to attend or treat, a bullet or gunshot wound, or the administrator, superintendent, or other ... (a) A physician who attends or treats, or who is requested to attend or treat, an overdose of a controlled substance listed in Penalty Group ... (a) A person commits an offense if the person is required to report under this subchapter and intentionally fails to report. (b) An offense under ... (a) The department shall maintain a central repository for the collection and analysis of information relating to incidents of a controlled substance overdose for which ... (a) A person licensed in this state to practice medicine, dentistry, podiatry, veterinary medicine, or chiropractic may not agree with a clinical, bioanalytical, or hospital ... The agency responsible for licensing and regulating a person subject to this subchapter may, in addition to any other authority granted, deny a license application ... The department shall establish minimum guidelines for the procurement, processing, distribution, or use of human milk by donor milk banks. Added by Acts 2001, 77th ... In this subchapter: (1) "Cigarette" has the meaning assigned by Section 154.001, Tax Code. (2) "Permit holder" has the meaning assigned by Section 154.001 or ... (a) A person commits an offense if the person, with criminal negligence: (1) sells, gives, or causes to be sold or given a cigarette or ... (a) In this section, "transaction scan device" means a device capable of deciphering electronically readable information on a driver's license, commercial driver's license, or identification ... (a) Pursuant to federal regulation under 21 C.F.R. Section 897.14(b), a person may not sell, give, or cause to be sold or given a cigarette ... (a) Each person who sells cigarettes or tobacco products at retail or by vending machine shall post a sign in a location that is conspicuous ... (a) Each retailer shall notify each individual employed by that retailer who is to be engaged in retail sales of cigarettes or tobacco products that ... (a) Except as provided by Subsection (b), a retailer or other person may not: (1) offer cigarettes or tobacco products for sale in a manner ... (a) A person may not distribute to persons younger than 18 years of age: (1) a free sample of a cigarette or tobacco product; or ... (a) The comptroller shall enforce this subchapter in partnership with local law enforcement agencies and with their cooperation and shall ensure the state's compliance with ... This subchapter does not preempt a local regulation of the sale, distribution, or use of cigarettes or tobacco products or affect the authority of a ... A local or state law enforcement agency or other governmental unit shall notify the comptroller, on the 10th day of each month, or the first ... (a) Not later than January 5th of each odd-numbered year the Office of Smoking and Health of the department shall report to the governor, lieutenant ... (a) At the request of an attending physician, the department shall conduct tests for lead poisoning if the physician suspects that a person has been ... In this subchapter: (1) "Church" means a facility that is owned by a religious organization and that is used primarily for religious services. (2) "Cigarette" ... (a) Except as provided by this section, a sign containing an advertisement for cigarettes or tobacco products may not be located closer than 1,000 feet ... (a) A purchaser of advertising is liable for and shall remit to the comptroller a fee that is 10 percent of the gross sales price ... (a) The comptroller shall deposit the fee collected under Section 161.123 to a special account in the state treasury called the tobacco education and enforcement ... (a) The comptroller by order may impose an administrative penalty against a purchaser of advertising required to comply with Section 161.123 who violates that section ... In this subchapter: (1) "Abuse" has the meaning assigned by the federal Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. Section ... (a) A person, including an employee, volunteer, or other person associated with an inpatient mental health facility, a treatment facility, or a hospital that provides ... (a) The Texas Board of Mental Health and Mental Retardation, Texas Board of Health, and Texas Commission on Alcohol and Drug Abuse by rule shall ... (a) A hospital, mental health facility, or treatment facility may not suspend or terminate the employment of or discipline or otherwise discriminate against an employee ... (a) A hospital, mental health facility, or treatment facility may not retaliate against a person who is not an employee for reporting a violation of ... (a) A state health care regulatory agency by rule may require a mental health services provider licensed by that agency to provide a standardized written ... In addition to the penalties prescribed by this subchapter, a violation of a provision of this subchapter by an individual or facility that is licensed ... In this subchapter, "health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide or ... (a) A health care provider or health care facility may not charge a fee for a medical or mental health record requested by a patient ... A health care provider or health care facility shall provide to the requestor a medical or mental health record requested under Section 161.202 not later ... This subchapter controls over Section 611.0045 of this code and Section 159.006, Occupations Code, and any other provision that authorizes the charging of a fee ... In this subchapter: (1) "Cigarette" has the meaning assigned by Section 154.001, Tax Code. (2) "Tobacco product" has the meaning assigned by Section 155.001, Tax ... (a) An individual who is younger than 18 years of age commits an offense if the individual: (1) possesses, purchases, consumes, or accepts a cigarette ... (a) On conviction of an individual for an offense under Section 161.252, the court shall suspend execution of sentence and shall require the defendant to ... (a) If the defendant does not provide the evidence required under Section 161.253(e) within the period specified by that subsection, the court shall order the ... (a) An individual convicted of an offense under Section 161.252 may apply to the court to have the conviction expunged. If the court finds that ... A justice court or municipal court may exercise jurisdiction over any matter in which a court under this subchapter may: (1) impose a requirement that ... Title 3, Family Code, does not apply to a proceeding under this subchapter. Added by Acts 1997, 75th Leg., ch. 671, § 3.01, eff. Jan. ... (a) The commissioner shall develop and implement a public awareness campaign designed to reduce tobacco use by minors in this state. The campaign may use ... (a) The entity administering Section 161.301 shall also develop and implement a grant program to support youth groups that include as a part of the ... In this subchapter: (1) "Cigarette" has the meaning assigned by Section 154.001, Tax Code. (2) "Manufacturer" has the meanings assigned by Sections 154.001 and 155.001, ... (a) Each manufacturer shall file with the department an annual report for each cigarette or tobacco product distributed in this state, stating: (1) the identity ... (a) Each manufacturer shall assign a nicotine yield rating to each cigarette or tobacco product distributed in this state. The rating shall be assigned in ... (a) Except as provided by Subsections (b), (c), and (d), information included in a report filed under this subchapter is public information and is not ... (a) A district court, on petition of the department and on a finding by the court that a manufacturer has failed to file the report ... In this subchapter: (1) "Asbestos" means the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite. (2) "Contractor" means a person who constructs, repairs, ... The board shall adopt rules designating the materials or replacement parts for which a person must obtain a material safety data sheet before installing the ... (a) The attorney general or the appropriate district or county attorney, in the name of the state, may bring an action for an injunction or ... (a) A contractor who violates this subchapter is subject to a civil penalty not to exceed $10,000 a day for each violation. Each day of ... The party bringing a suit under Section 161.403 or 161.404 may recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both, including investigation ... (a) The department may impose an administrative penalty on a contractor who violates this subchapter. (b) The amount of the penalty may not exceed $10,000 ... The civil penalty, administrative penalty, and injunction authorized by this subchapter are in addition to any other civil, administrative, or criminal action provided by law. ... In this subchapter: (1) "Delivery sale" means a sale of cigarettes to a consumer in this state in which the purchaser submits the order for ... (a) A person may not make a delivery sale of cigarettes to an individual who is under the age prescribed by Section 161.082. (b) A ... (a) A person may not mail or ship cigarettes in connection with a delivery sale order unless before mailing or shipping the cigarettes the person ... The notice required by Section 161.453(a)(3) must include a prominent and clearly legible statement that: (1) cigarette sales to individuals who are below the age ... (a) A person who mails or ships cigarettes in connection with a delivery sale order shall: (1) include as part of the shipping documents a ... (a) A person may not make a delivery sale or ship cigarettes in connection with a delivery sale unless the person first files with the ... A person who makes a delivery sale shall collect and remit to the comptroller any taxes imposed by this state in relation to the delivery ... (a) A person commits an offense if the person violates a provision of this subchapter for which a criminal penalty is not otherwise provided. (b) ... (a) A person who knowingly violates a provision of this subchapter or who knowingly submits a certification under Section 161.453(a)(1) in another person's name commits ... A person who fails to pay a tax imposed in connection with a delivery sale shall pay to the state a civil penalty in an ... (a) Cigarettes sold or that a person attempted to sell in a delivery sale that does not comply with this subchapter are forfeited to the ... The attorney general or the attorney general's designee may bring an action in a court of this state to prevent or restrain a violation of ... In this subchapter, "organ procurement organization" means an organization that is a qualified organ procurement organization under 42 U.S.C. Section 273 that is currently certified ... (a) Under the system for allocating kidneys available for transplant in this state, to the extent allowed by federal law, a statewide pool of 20 ... (a) A hospital, birthing center, physician, nurse midwife, or midwife who provides prenatal care to a pregnant woman during gestation or at delivery of an ... (a) The department shall: (1) establish guidelines for the provision of the information required by Section 161.501; (2) make available on the department's website a ... This subchapter does not create civil or criminal liability. Added by Acts 2005, 79th Leg., ch. 696, § 1, eff. Sept. 1, 2005. ... Last modified: August 10, 2007 |