Tex.
Health & Safety Code Section 1001.089
Public Health Data
(a)
In this section:(1)
“Essential public health services” has the meaning assigned by Section 121.002 (Definitions).(2)
“Local public health entity” means a local health authority, local health unit, local health department, or public health district.(b)
Notwithstanding Sections 81.103 (Confidentiality; Criminal Penalty), 82.009 (Confidentiality), 88.002 (Confidentiality)(b), 92.006 (Confidentiality), and 192.002 (Form of Birth Certificate)(b), the department may enter into an agreement with a local public health entity that provides essential public health services to provide the entity access to:(1)
identified public health data relating to the entity’s jurisdiction and any public health data relating to a jurisdiction contiguous to the entity; and(2)
deidentified public health data maintained by the department relating to the jurisdiction of any other local public health entity.(c)
The public health data obtained through the agreement may be used only in the provision of essential public health services.(d)
Access to public health data includes necessary identified public health data required for an infectious disease investigation conducted under Chapter 81 (Communicable Diseases; Public Health Disasters; Public Health Emergencies).(e)
For any public health data request that is not subject to Subsection (b), (c), or (d) and except as provided by Subsection (f), the department shall establish a review process for the consideration of public health data requests relating to essential public health services or public health research. The process must evaluate:(1)
the public health benefit and purpose of the request;(2)
the privacy of the individuals whose data is requested;(3)
the management of the data by the requestor, including management of public health data released to the requestor in previous requests; and(4)
other relevant law.(f)
A local public health entity seeking public health data for human subject research purposes must submit a request to the department’s institutional review board for review and consideration.(g)
A local public health entity receiving public health data from the department under this section shall:(1)
maintain the integrity and security of the data; and(2)
comply with state and federal privacy laws.
Source:
Section 1001.089 — Public Health Data, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.1001.htm#1001.089 (accessed Jun. 5, 2024).
