Before the Revisor harmonizes the Health and Safety Code 81.046

It happens when bills are being passed quickly and the Texas Legislative Council doesn't have time to harmonize things.

Take a look at Texas Health and Safety Code, Section 81.046 - Confidentiality.

There are two sections "C". 

One was passed by Acts 2015, 84th Legislature, Chapter 789 (House Bill 2646) Section 1. This has 7 items. The first 5 items passed by the House are identical to the five items passed by the Senate.

The second "C" was passed by Act 2015, 84th Legislature, chapter 1278 (Senate Bill 1574) Section 6. Items 6 of each bill are different, and there is no item 7.

Obviously, this needs to be looked at and harmonized during the next legislature, but until then, both sections must be followed. Here is the link to 81.046.

Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 789 (H.B. 2646), Sec. 1, eff. September 1, 2015

(c)  Medical or epidemiological information, including information linking a person who is exposed to a person with a communicable disease, 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 treating the individual, appropriate state agencies in this state or another state, a health authority or local health department in this state or another state, or federal, county, or district courts to comply with this chapter and related rules relating to the control and treatment of communicable diseases and health conditions or under another state or federal law that expressly authorizes the disclosure of this information;

(4)  to appropriate federal agencies, such as the Centers for Disease Control and Prevention of the United States Public Health Service, but the information must be limited to the name, address, sex, race, and occupation of the patient, the date of disease onset, the probable source of infection, and other requested information relating to the case or suspected case of a communicable disease or health condition;

(5)  to medical personnel to the extent necessary in a medical emergency to protect the health or life of the person identified in the information;

(6)  to governmental entities that provide first responders who may respond to a situation involving a potential communicable disease of concern and need the information to properly respond to the situation; or

(7)  to a local health department or health authority for a designated monitoring period based on the potential risk for developing symptoms of a communicable disease of concern.




Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 1278 (S.B. 1574), Sec. 6, eff. September 1, 2015



(c)  Medical or epidemiological 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 treating the individual, appropriate state agencies in this state or another state, a health authority or local health department in this state or another state, or federal, county, or district courts to comply with this chapter and related rules relating to the control and treatment of communicable diseases and health conditions or under another state or federal law that expressly authorizes the disclosure of this information;

(4)  to appropriate federal agencies, such as the Centers for Disease Control and Prevention of the Unites States Public Health Service, but the information must be limited to the name, address, sex, race, and occupation of the patient, the date of disease onset, the probable source of infection, and other requested information relating to the case or suspected case of a communicable disease or health condition;

(5)  to medical personnel to the extent necessary in a medical emergency to protect the health or life of the person identified in the information; or

(6)  to a designated infection control officer.

(c-1)  A local health department or health authority shall provide to first responders the physical address of a person who is being monitored by the local department or authority for a communicable disease for the duration of the disease's incubation period.  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.

(c-2)  Only the minimum necessary information may be released under Subsections (c)(6) and (7) and (c-1), as determined by a health authority, local health department, governmental entity, or department.