HEALTH & SAFETY CODE
CHAPTER 82. CANCER REGISTRY
§ 82.001. SHORT TITLE. This chapter may be cited as the
Texas Cancer Incidence Reporting Act.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 33, eff. Sept. 1, 1991.
§ 82.002. DEFINITIONS. In this chapter:
(1) "Cancer" includes:
(A) a large group of diseases characterized by
uncontrolled growth and spread of abnormal cells;
(B) any condition of tumors having the properties
of anaplasia, invasion, and metastasis;
(C) a cellular tumor the natural course of which
is fatal, including malignant and benign tumors of the central
nervous system; and
(D) malignant neoplasm, other than nonmelanoma
skin cancers such as basal and squamous cell carcinomas.
(2) "Clinical laboratory" means an accredited
facility in which:
(A) tests are performed identifying findings of
anatomical changes; and
(B) specimens are interpreted and pathological
diagnoses are made.
(3) "Health care facility " means:
(A) a general or special hospital as defined by
Chapter 241 (Texas Hospital Licensing Law);
(B) an ambulatory surgical center licensed under
Chapter 243;
(C) an institution licensed under Chapter 242;
or
(D) any other facility, including an outpatient
clinic, that provides diagnosis or treatment services to patients
with cancer.
(4) "Health care practitioner" means:
(A) a physician as defined by Section 151.002,
Occupations Code; or
(B) a person who practices dentistry as described
by Section 251.003, Occupations Code.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 589, § 1, eff. Sept. 1, 2001.
§ 82.003. APPLICABILITY OF CHAPTER. This chapter
applies to records of cases of cancer, diagnosed on or after January
1, 1979, and to records of all ongoing cancer cases diagnosed before
January 1, 1979.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 589, § 2, eff. Sept. 1, 2001.
§ 82.004. REGISTRY REQUIRED. The board shall maintain a
cancer registry for the state.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 82.005. CONTENT OF REGISTRY. (a) The cancer
registry must be a central data bank of accurate, precise, and
current information that medical authorities agree serves as an
invaluable tool in the early recognition, prevention, cure, and
control of cancer.
(b) The cancer registry must include:
(1) a record of the cases of cancer that occur in the
state; and
(2) information concerning cancer cases as the board
considers necessary and appropriate for the recognition,
prevention, cure, or control of cancer.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 589, § 3, eff. Sept. 1, 2001.
§ 82.006. BOARD POWERS. To implement this chapter, the
board may:
(1) adopt rules that the board considers necessary;
(2) execute contracts that the board considers
necessary;
(3) receive the data from medical records of cases of
cancer that are in the custody or under the control of clinical
laboratories, health care facilities, and health care
practitioners to record and analyze the data directly related to
those diseases;
(4) compile and publish statistical and other studies
derived from the patient data obtained under this chapter to
provide, in an accessible form, information that is useful to
physicians, other medical personnel, and the general public;
(5) comply with requirements as necessary to obtain
federal funds in the maximum amounts and most advantageous
proportions possible;
(6) receive and use gifts made for the purpose of this
chapter; and
(7) limit cancer reporting activities under this
chapter to specified geographic areas of the state to ensure
optimal use of funds available for obtaining the data.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 589, § 4, eff. Sept. 1, 2001.
§ 82.007. REPORTS. (a) The department shall publish
an annual report to the legislature of the information obtained
under this chapter.
(b) The department, in cooperation with other cancer
reporting organizations and research institutions, may publish
reports the department determines are necessary or desirable to
carry out the purpose of this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 34, eff. Sept. 1, 1991.
§ 82.008. DATA FROM MEDICAL RECORDS. (a) To ensure an
accurate and continuing source of data concerning cancer, each
health care facility, clinical laboratory, and health care
practitioner shall furnish to the board or its representative, on
request, data the board considers necessary and appropriate that is
derived from each medical record pertaining to a case of cancer that
is in the custody or under the control of the health care facility,
clinical laboratory, or health care practitioner. The department
may not request data that is more than three years old unless the
department is investigating a possible cancer cluster.
(b) A health care facility, clinical laboratory, or health
care practitioner shall furnish the data requested under Subsection
(a) in a reasonable format prescribed by the department and within
six months of the patient's admission, diagnosis, or treatment for
cancer unless a different period is prescribed by the United States
Department of Health and Human Services.
(c) The data required to be furnished under this section
must include patient identification and diagnosis.
(d) The department may access medical records that would
identify cases of cancer, establish characteristics or treatment of
cancer, or determine the medical status of any identified patient
from the following sources:
(1) a health care facility or clinical laboratory
providing screening, diagnostic, or therapeutic services to a
patient with respect to cancer; or
(2) a health care practitioner diagnosing or providing
treatment to a patient with cancer, except as described by
Subsection (g).
(e) The board shall adopt procedures that ensure adequate
notice is given to the health care facility, clinical laboratory,
or health care practitioner before the department accesses data
under Subsection (d).
(f) A health care facility, clinical laboratory, or health
care practitioner that knowingly or in bad faith fails to furnish
data as required by this chapter shall reimburse the department or
its authorized representative for the costs of accessing and
reporting the data. The costs reimbursed under this subsection
must be reasonable, based on the actual costs incurred by the
department or by its authorized representative in the collection of
data under Subsection (d), and may include salary and travel
expenses. The department may assess a late fee on an account that
is 60 days or more overdue. The late fee may not exceed one and
one-half percent of the total amount due on the late account for
each month or portion of a month the account is not paid in full. A
health care facility, clinical laboratory, or health care
practitioner may request that the department conduct a hearing to
determine whether reimbursement to the department under this
subsection is appropriate.
(g) The department may not require a health care
practitioner to furnish data or provide access to records if:
(1) the data or records pertain to cases reported by a
health care facility providing screening, diagnostic, or
therapeutic services to cancer patients that involve patients
referred directly to or previously admitted to the facility; and
(2) the facility reported the same data the
practitioner would be required to report.
(h) The data required to be furnished under this section may
be shared with cancer registries of health care facilities subject
to the confidentiality provisions in Section 82.009.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 35, eff. Sept. 1, 1991; Acts
1997, 75th Leg., ch. 343, § 1, eff. May 27, 1997; Acts 1999, 76th
Leg., ch. 1411, § 23.01, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 589, § 5, eff. Sept. 1, 2001.
§ 82.009. CONFIDENTIALITY. (a) Reports, records, and
information obtained under this chapter are confidential and are
not subject to disclosure under Chapter 552, Government Code, are
not subject to subpoena, and may not otherwise be released or made
public except as provided by this section or Section 82.008(h). The
reports, records, and information obtained under this chapter are
for the confidential use of the department and the persons or public
or private entities that the department determines are necessary to
carry out the intent of this chapter.
(b) Medical or epidemiological information may be released:
(1) for statistical purposes in a manner that prevents
identification of individuals, health care facilities, clinical
laboratories, or health care practitioners;
(2) with the consent of each person identified in the
information; or
(3) to promote cancer research, including release of
information to other cancer registries and appropriate state and
federal agencies, under rules adopted by the board to ensure
confidentiality as required by state and federal laws.
(c) A state employee may not testify in a civil, criminal,
special, or other proceeding as to the existence or contents of
records, reports, or information concerning an individual whose
medical records have been used in submitting data required under
this chapter unless the individual consents in advance.
(d) Data furnished to a cancer registry or a cancer
researcher under Subsection (b) or Section 82.008(h) is for the
confidential use of the cancer registry or the cancer researcher,
as applicable, and is subject to Subsection (a).
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1995, 74th Leg., ch. 76, § 5.95(90), eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 343, § 2, eff. May 27, 1997; Acts 1999,
76th Leg., ch. 1411, § 23.02, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 589, § 6, eff. Sept. 1, 2001.
§ 82.010. IMMUNITY FROM LIABILITY. The following
persons subject to this chapter that act in compliance with this
chapter are not civilly or criminally liable for furnishing the
information required under this chapter:
(1) a health care facility or clinical laboratory;
(2) an administrator, officer, or employee of a health
care facility or clinical laboratory;
(3) a health care practitioner or employee of a health
care practitioner; and
(4) an employee of the department.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 589, § 7, eff. Sept. 1, 2001.
§ 82.011. EXAMINATION AND SUPERVISION NOT
REQUIRED. This chapter does not require an individual to submit to
any medical examination or supervision or to examination or
supervision by the board or its representatives.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
