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�	S.B.�No.�1171

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�	AN ACT
�	relating to certain health-related reports, records, and
�	information.
�	�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	�������SECTION�1.��Section 81.046, Health and Safety Code, is
�	amended by amending Subsections (a), (c), and (f) and adding
�	Subsection (g) to read as follows:
�	�������(a)��Reports, records, and information received from any
�	source, including from a federal agency or from another state,�
�	furnished to a public health district, a health authority, a local
�	health department, or the department that relate to cases or
�	suspected cases of diseases or health conditions are confidential
�	and may be used only for the purposes of this chapter.
�	�������(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 [and] 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; or
�	�������������(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.
�	�������(f)��Reports, records, and information relating to cases or
�	suspected cases of diseases or health conditions may be released to
�	the extent necessary during a public health disaster to law
�	enforcement personnel solely for the purpose of protecting the
�	health or life of the person identified in the report, record, or
�	information. Only the minimum necessary information may be
�	released under this subsection, as determined by the health
�	authority, the local health department, or the department.
�	�������(g)��A judge of a county or district court may issue a
�	protective order or take other action to limit disclosure of
�	medical or epidemiological information obtained under this section
�	before that information is entered into evidence or otherwise
�	disclosed in a court proceeding.
�	�������SECTION�2.��Section 81.103, Health and Safety Code, is
�	amended by amending Subsection (b) and adding Subsection (k) to
�	read as follows:
�	�������(b)��A test result may be released to:
�	�������������(1)��the department under this chapter;
�	�������������(2)��a local health authority if reporting is required
�	under this chapter;
�	�������������(3)��the Centers for Disease Control and Prevention�of
�	the United States Public Health Service if reporting is required by
�	federal law or regulation;
�	�������������(4)��the physician or other person authorized by law
�	who ordered the test;
�	�������������(5)��a physician, nurse, or other health care personnel
�	who have a legitimate need to know the test result in order to
�	provide for their protection and to provide for the patient's
�	health and welfare;
�	�������������(6)��the person tested or a person legally authorized
�	to consent to the test on the person's behalf;
�	�������������(7)��the spouse of the person tested if the person tests
�	positive for AIDS or HIV infection, antibodies to HIV, or infection
�	with any other probable causative agent of AIDS;
�	�������������(8)��a person authorized to receive test results under
�	Article 21.31, Code of Criminal Procedure, concerning a person who
�	is tested as required or authorized under that article; [and]
�	�������������(9)��a person exposed to HIV infection as provided by
�	Section 81.050; and
�	�������������(10)��a county or district court to comply with this
�	chapter or rules relating to the control and treatment of
�	communicable diseases and health conditions.
�	�������(k)��A judge of a county or district court may issue a
�	protective order or take other action to limit disclosure of a test
�	result obtained under this section before that information is
�	entered into evidence or otherwise released in a court proceeding.
�	�������SECTION�3.��This Act takes effect immediately if it receives
�	a vote of two-thirds of all the members elected to each house, as
�	provided by Section 39, Article III, Texas Constitution.��If this
�	Act does not receive the vote necessary for immediate effect, this
�	Act takes effect September 1, 2009.
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�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
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�	�������I hereby certify that S.B.�No.�1171 passed the Senate on
�	April�23,�2009, by the following vote:��Yeas�30, Nays�0.
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�	______________________________
�	Secretary of the Senate����
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�	�������I hereby certify that S.B.�No.�1171 passed the House on
�	May�27,�2009, by the following vote:��Yeas�148, Nays�0, one
�	present not voting.
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�	______________________________
�	Chief Clerk of the House���
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�	Approved:
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�	______________________________�
�	������������Date
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�	______________________________�
�	����������Governor