(a) In addition to the reporting requirements for communicable
diseases found in §97.1 of this title, the following shall report
cases and suspected cases of STD(s), which includes HIV-exposed infants,
in the manner described in §97.133 of this title (relating to
Reporting Information for Sexually Transmitted Diseases):
(1) A health professional, and any other person mandated
to report under Texas Health and Safety Code §81.042;
(2) Any person in charge of a clinical laboratory,
hospital laboratory, blood bank, mobile unit, or other facility (such
as a contract research organization laboratory) in which a laboratory
examination of a blood specimen, or any specimen derived from a human
body, yields microscopic, cultural, serological or any other evidence
of a suspected STD;
(3) The medical director or other physician responsible
for the medical oversight of a testing program, as defined in Texas
Health and Safety Code §85.002.
(b) Failure to report as required under this subchapter
is prohibited by law, as described in Texas Health and Safety Code,
§81.049.
(c) The Health Insurance Portability and Accountability
Act (HIPAA) allows covered entities to disclose otherwise protected
health information, without either obtaining the written authorization
of the individual whose information is at issue or giving that individual
the opportunity to agree or object, for purposes of public health
communicable disease reporting requirements (see Title 45 Code of
Federal Regulations §164.512(a) and (b)).
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Source Note: The provisions of this §97.132 adopted to be effective January 1, 1999, 23 TexReg 12669; amended to be effective March 20, 2003, 28 TexReg 2335; amended to be effective January 1, 2010, 34 TexReg 9445; amended to be effective October 14, 2015, 40 TexReg 7234 |