Header:
Texas Annotated Statutes
HEALTH AND SAFETY CODE
TITLE 2. HEALTH
SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES
CHAPTER 81. COMMUNICABLE DISEASES
SUBCHAPTER C. REPORTS AND REPORTABLE DISEASES
Date:
08/31/2009
Document:
§ 81.048. Notification of Emergency Personnel, Peace Officers, Detention Officers, County Jailers, and Fire Fighters
(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 diseases.
(b) Notice of a positive test result for a reportable disease designated under Subsection (a) shall be given to an emergency medical service personnel, peace officer, detention officer, county jailer, or fire fighter as provided by this section if:
(1) the emergency medical service personnel, peace officer, detention officer, county jailer, or fire fighter delivered a person to a hospital as defined by Section 74.001, Civil Practice and Remedies Code;
(2) the hospital has knowledge that the person has a reportable disease and has medical reason to believe that the person had the disease when the person was admitted to the hospital; and
(3) the emergency medical service personnel, peace officer, detention officer, county jailer, or fire fighter was exposed to the reportable disease during the course of duty.
(c) Notice of the possible exposure shall be given:
(1) by the hospital to the local health authority;
(2) by the local health authority to the director of the appropriate department of the entity that employs the emergency medical service personnel, peace officer, detention officer, county jailer, or fire fighter; and
(3) by the director to the employee affected.
(d) A person notified of a possible exposure under this section shall maintain the confidentiality of the information as provided by this chapter.
(e) A person is not liable for good faith compliance with this section.
(f) This section does not create a duty for a hospital to perform a test that is not necessary for the medical management of the person delivered to the hospital.
(g) A hospital that gives notice of a possible exposure under Subsection (c) or a local health authority that receives notice of a possible exposure under Subsection (c) may give notice of the possible exposure to a person other than emergency medical personnel, a peace officer, a detention officer, a county jailer, or a fire fighter if the person demonstrates that the person was exposed to the reportable disease while providing emergency care. The executive commissioner of the Health and Human Services Commission shall adopt rules to implement this subsection.
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