25 Tex. Admin. Code § 97.132 - Who Shall Report Sexually Transmitted Diseases

(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)).

Notes

25 Tex. Admin. Code § 97.132

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 by Texas Register, Volume 40, Number 42, October 16, 2015, TexReg 7235, eff. 10/14/2015