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Texas Health & Safety Code - Chapter 81 Communicable DiseasesLegal Research Home > Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Chapter 81 Communicable Diseases This chapter may be cited as the Communicable Disease Prevention and Control Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ... The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease. Acts 1989, 71st Leg., ... In this chapter: (1) "Communicable disease" means an illness that occurs through the transmission of an infectious agent or its toxic products from a reservoir ... (a) The commissioner is responsible for the general statewide administration of this chapter. (b) The board may adopt rules necessary for the effective administration and ... 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 department may seek, receive, and spend appropriations, grants, fees, or donations for the purpose of identifying, reporting, preventing, or controlling communicable diseases or conditions ... 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 ... The Texas Animal Health Commission and the Texas A&M University Veterinary Diagnostic Laboratory shall each adopt by rule a memorandum of understanding with the department ... (a) This chapter does not authorize or require the medical treatment of an individual who chooses treatment by prayer or spiritual means as part of ... (a) In this section, "AIDS" and "HIV" have the meanings assigned by Section 85.002. (b) The Interagency Coordinating Council for HIV and Hepatitis facilitates communication ... 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 ... The board shall exercise its power in matters relating to protecting the public health to prevent the introduction of disease into the state. Acts 1989, ... (a) The department may conduct a program of health education for the prevention and control of communicable disease. (b) The department may contract for presentations ... (a) The board shall develop immunization requirements for children. (b) The board shall cooperate with the Department of Protective and Regulatory Services in formulating and ... The board shall provide regular reports of the incidence, prevalence, and medical and economic effects of each disease that the board determines is a threatening ... (a) The board shall identify each communicable disease or health condition that shall be reported under this chapter. (b) The board shall classify each reportable ... (a) A report under Subsection (b), (c), or (d) shall be made to the local health authority. (b) A dentist or veterinarian licensed to practice ... (a) Each health authority shall keep a record of each case of a reportable disease that is reported to the authority. (b) A health authority ... (a) The board shall prescribe the form and method of reporting under this chapter, which may be in writing, by telephone, by electronic data transmission, ... (a) A physician who attends a person during the person's last illness shall immediately notify the health authority of the jurisdiction in which the person's ... (a) Reports, records, and information furnished to a health authority or the department that relate to cases or suspected cases of diseases or health conditions ... 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 ... (a) The board shall: (1) designate certain reportable diseases for notification under this section; and (2) define the conditions that constitute possible exposure to those ... (a) A person commits an offense if the person knowingly fails to report a reportable disease or health condition under this subchapter. (b) An offense ... (a) The board by rule shall prescribe the criteria that constitute exposure to reportable diseases, including HIV infection. The criteria must be based on activities ... (a) The department shall establish programs for partner notification and referral services. (b) The partner notification services offered by health care providers participating in a ... (a) The department shall ensure timely and accurate reporting under this chapter of information relating to acquired immune deficiency syndrome and human immunodeficiency virus infection. ... (a) The department shall investigate the causes of communicable disease and methods of prevention. (b) The department may require special investigations of specified cases of ... (a) For the purpose of an investigation under Section 81.061(c), the department may administer oaths, summon witnesses, and compel the attendance of a witness or ... (a) A person authorized to conduct an investigation under this subchapter may take samples of materials present on the premises, including soil, water, air, unprocessed ... (a) The department or a health authority may enter at reasonable times and inspect within reasonable limits a public place in the performance of that ... (a) For an investigation or inspection, the commissioner, an employee of the department, or a health authority has the right of entry on land or ... (a) A person commits an offense if the person knowingly conceals or attempts to conceal from the department, a health authority, or a peace officer, ... (a) A person commits an offense if the person knowingly conceals, removes, or disposes of an infected or contaminated animal, object, vehicle, watercraft, or aircraft ... (a) A person commits an offense if the person knowingly refuses or attempts to refuse entry to the department, a health authority, or a peace ... The board shall impose control measures to prevent the spread of disease in the exercise of its power to protect the public health. Acts 1989, ... (a) A health authority has supervisory authority and control over the administration of communicable disease control measures in the health authority's jurisdiction unless specifically preempted ... (a) Any person, including a physician, who examines or treats an individual who has a communicable disease shall instruct the individual about: (1) measures for ... (a) If the department or a health authority has reasonable cause to believe that property in its jurisdiction is or may be infected or contaminated ... (a) If an outbreak of communicable disease occurs in this state, the commissioner or one or more health authorities may impose an area quarantine coextensive ... (a) This section applies to any private or common carrier or private conveyance, including a vehicle, aircraft, or watercraft, while the vehicle or craft is ... (a) A person commits an offense if the person knowingly refuses to perform or allow the performance of certain control measures ordered by a health ... (a) A person commits an offense if the person knowingly or intentionally: (1) removes, alters, or attempts to remove or alter an object the person ... (a) A person commits an offense if, before notifying the department or health authority at a port of entry or a place of first landing ... (a) A physician or other person permitted by law to attend a pregnant woman during gestation or at delivery of an infant shall: (1) take ... (a) A physician, nurse, midwife, or other person in attendance at childbirth shall use or cause to be used prophylaxis approved by the board to ... The department may contract with a physician to provide services to persons infected or reasonably suspected of being infected with a sexually transmitted disease or ... (a) A court may direct a person convicted of an offense under Section 43.02, Penal Code, under Chapter 481 (Texas Controlled Substances Act), or under ... A hospital shall perform a medical procedure or test on a person if a court orders the hospital to perform the procedure or test on ... (a) In a case of accidental exposure of a health care worker to blood or other body fluids of a patient in a licensed hospital, ... (a) This section applies only to the accidental exposure to the blood or other body fluids of a person who dies at the scene of ... In this subchapter: (1) "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control of the United States Public Health Service. ... (a) A person may not require another person to undergo a medical procedure or test designed to determine or help determine if a person has ... (a) A test result is confidential. A person that possesses or has knowledge of a test result may not release or disclose the test result ... (a) A person may bring an action to restrain a violation or threatened violation of Section 81.102 or 81.103. (b) A person who violates Section ... (a) Except as otherwise provided by law, a person may not perform a test designed to identify HIV or its antigen or antibody without first ... (a) A person who has signed a general consent form for the performance of medical tests or procedures is not required to also sign or ... (a) In a case of accidental exposure to blood or other body fluids under Section 81.102(a)(4)(D), the health care agency or facility may test a ... The Insurance Code and any rules adopted by the State Board of Insurance exclusively govern all practices of insurers in testing applicants to show or ... (a) A positive test result may not be revealed to the person tested without giving that person the immediate opportunity for individual, face-to-face post-test counseling ... (a) At the request of the health authority, a municipal, county, or district attorney shall file a sworn written application for a court order for ... (a) An application for a court order for the management of a person with a communicable disease must be styled using the person's initials and ... (a) The judge shall appoint an attorney to represent a person not later than the 24th hour after the time an application for a court ... (a) The judge or a magistrate designated under this chapter shall set a date for a hearing to be held within 14 days after the ... (a) The person and the person's attorney are entitled to receive a copy of the application and written notice of the time and place of ... (a) The person's attorney may request information from the attorney general or the municipal, county, or district attorney, as appropriate, in accordance with this section ... (a) A proceeding under this chapter must be held in a district court of the county in which the person is found, resides, or is ... (a) An affidavit of medical evaluation must be dated and signed by the commissioner or the commissioner's designee, or by a health authority with the ... (a) The commissioner shall designate health care facilities throughout the state that are capable of providing services for the examination, observation, isolation, or treatment of ... The person who is the subject of an application for management is entitled to remain at liberty pending the hearing on the application unless the ... (a) A motion for an order of protective custody may be filed only in the court in which an application for a court order for ... (a) The judge or designated magistrate may issue a protective custody order if the judge or magistrate determines: (1) that the health authority or department ... (a) A protective custody order shall direct a peace officer to take the person who is the subject of the order into protective custody and ... (a) The judge or designated magistrate shall appoint an attorney to represent a person who is the subject of a protective custody order who does ... (a) A hearing must be held to determine if: (1) there is probable cause to believe that a person under a protective custody order presents ... (a) The magistrate or master shall order that a person remain in protective custody if the magistrate or master determines after the hearing that an ... (a) The head of a facility or the facility head's designee shall detain a person under a protective custody order in the facility pending a ... (a) The magistrate or master shall order the release of a person under a protective custody order if the magistrate or master determines after the ... (a) Except as provided by Subsection (b), the judge may hold a hearing on an application for a court order for the management of a ... (a) A hearing for temporary management must be before the court unless the person or the person's attorney requests a jury. (b) A hearing for ... (a) The court shall enter an order denying an application for a court order for temporary or extended management if after a hearing the judge ... (a) The judge or jury may determine that a person requires court-ordered examination, observation, isolation, or treatment only if the judge or jury finds, from ... (a) The jury, or the judge if the right to a jury is waived, may determine that a proposed patient requires court-ordered examination, observation, isolation, ... (a) The judge shall dismiss the jury, if any, after a hearing in which a person is found: (1) to be infected with or reasonably ... (a) The court, in an order that directs a person to participate in an outpatient communicable disease program, shall designate a health authority to monitor ... In a court order for the temporary or extended management of a person with a communicable disease specifying inpatient care, the court shall commit the ... The court may order a person committed to a private health care facility at no expense to the state if the court receives: (1) an ... (a) A court may order a person committed to a federal agency that operates a health care facility if the court receives written notice from ... (a) The court shall order the sheriff or constable to transport the person to the designated health care facility. (b) A female shall be accompanied ... The court shall direct the court clerk to issue to the individual authorized to transport the person two writs of commitment requiring the individual to ... The head of the facility, after receiving a copy of the writ of commitment and after admitting the person, shall: (1) give the individual transporting ... (a) At the request of the health authority, a municipal, county, or district attorney, as appropriate, shall request the court that entered the commitment order ... (a) The court that entered an order directing a person to participate in outpatient health services may set a hearing to determine if the order ... (a) At the request of the health authority, a municipal, county, or district attorney, as appropriate, shall file a sworn application for the person's temporary ... (a) The order for temporary detention shall direct a peace officer to take the person into custody and immediately transport the person to an appropriate ... (a) The court may modify an order for outpatient services at the modification hearing if the court determines that the person continues to meet the ... (a) A municipal, county, or district attorney, as appropriate, at the request of the health authority, shall file an application to renew an order for ... (a) The court may set aside an order for the management of a person with a communicable disease and grant a motion for rehearing for ... (a) A person subject to an order for extended management, or any interested person on the person's behalf and with the person's consent, may file ... (a) A court that required a patient's reexamination under Section 81.189 may set a date and place for a hearing on the request if, not ... (a) An appeal from an order for the management of a person with a communicable disease, or from a renewal or modification of an order, ... The health authority or department, in consultation with the person, shall prepare a continuing care plan for a person who is scheduled to be discharged ... (a) The head of a facility may permit a person admitted to the facility under order for extended inpatient management of a person with a ... (a) If a person is permitted to leave a facility under Section 81.193, the head of the facility may have the person taken into custody, ... The head of a facility to which a person was committed or from which a person was required to receive temporary or extended inpatient or ... (a) The health authority or department may direct the head of a facility to which a person was committed for inpatient health services or that ... Before a person is discharged under Section 81.195 or 81.196, the health authority or department shall prepare a discharge certificate, file it with the court ... The head of a health care facility may admit and detain a person under the procedures prescribed by this subchapter. Acts 1989, 71st Leg., ch. ... The health authority or department may authorize the head of a health care facility to transfer a person to a federal agency if: (1) the ... The head of the transferring inpatient health care facility shall send the person's appropriate medical records, or a copy of the records, to the head ... This subchapter does not limit a person's right to obtain a writ of habeas corpus. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ... This subchapter, or an action taken or a determination made under this subchapter, does not affect a guardianship established under law. Acts 1989, 71st Leg., ... Records of a health care facility that directly or indirectly identify a present, former, or proposed patient are confidential unless disclosure is permitted by this ... (a) A person in an inpatient health care facility has the right to: (1) receive visitors; (2) communicate with a person outside the facility; and ... A person receiving inpatient health services shall be informed of the rights provided by Section 81.206: (1) orally, in simple, nontechnical terms; (2) in writing ... A person receiving health services under this subchapter has the right to: (1) appropriate treatment for the person's illness in an appropriate setting consistent with ... (a) The head of an inpatient health care facility shall provide adequate medical care and treatment to every patient in accordance with accepted standards of ... The head of a health care facility is responsible for the examination by a physician of each person admitted to the facility under this subchapter ... (a) A physical restraint may not be applied to a person unless a physician prescribes the restraint. (b) A physical restraint shall be removed as ... (a) A county shall pay the costs for a hearing or proceeding under this subchapter if a health authority: (1) initiates an application for a ... (a) In the case of a person who is not a resident of this state and who may be admitted to a state chest hospital ... In this subchapter: (1) "Bloodborne pathogens" means pathogenic microorganisms that are present in human blood and that can cause diseases in humans. The term includes ... This subchapter applies only to a governmental unit that employs employees who: (1) provide services in a public or private facility providing health care-related services, ... The department shall establish an exposure control plan designed to minimize exposure of employees described by Section 81.302 to bloodborne pathogens. In developing the plan, ... The board by rule shall adopt minimum standards to implement the exposure control plan and the other provisions of this subchapter. The rules shall be ... (a) The board by rule shall recommend that governmental units implement needleless systems and sharps with engineered sharps injury protection for employees. (b) The recommendation ... (a) The board by rule shall require that information concerning exposure incidents be recorded in a written or electronic sharps injury log to be maintained ... (a) The department, in accordance with rules adopted by the board, shall implement a registration program for existing needleless systems and sharps with engineered sharps ... In this subchapter, "pet store" means a retail store that sells animals as pets. Added by Acts 2001, 77th Leg., ch. 1228, § 1, eff. ... (a) The owner or operator of a pet store that sells reptiles shall: (1) post a sign warning of reptile-associated salmonellosis in accordance with department ... (a) The department may assess an administrative penalty if a person violates this section or a rule adopted under this section. (b) In determining the ... Texas Lawyers
Last modified: August 10, 2007 |