HEALTH & SAFETY CODE
CHAPTER 83. EXPOSURE TO AGENT ORANGE
§ 83.001. DEFINITIONS. In this chapter:
(1) "Agent Orange" means the herbicide composed
primarily of trichlorophenoxyacetic acid and dichlorophenoxyacetic
acid.
(2) "Veteran" means a person who served in Vietnam,
Cambodia, or Laos during the Vietnam conflict and was a resident of
this state:
(A) when the person was inducted into the armed
forces of the United States of America; or
(B) on March 31, 1981.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 83.002. REPORTS TO DEPARTMENT. (a) A physician
having primary responsibility for treating a veteran who believes
he may have been exposed to chemical defoliants or herbicides or
other causative agents, including Agent Orange, while serving in
the armed forces of the United States shall, at the request of the
veteran, submit a report to the department.
(b) If there is no physician having primary responsibility
for treating the veteran, the hospital treating the veteran shall,
at the request of the veteran, submit the report to the department.
(c) If there is no physician or hospital treating the
veteran, the veteran may submit the report directly to the
department. If the veteran is deceased, the veteran's next of kin
may submit the report.
(d) A report submitted under this section must be on a form
provided by the department.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 83.003. INFORMATION TO DEPARTMENT. (a) The
reporting form provided by the department to a physician must
request the following information:
(1) symptoms of the veteran that may be related to
exposure to a chemical defoliant or herbicide or other causative
agent, including Agent Orange;
(2) diagnosis of the veteran; and
(3) methods of treatment prescribed.
(b) The reporting form provided by the department to a
veteran or the veteran's next of kin must request the following
information:
(1) symptoms of the veteran that may be related to
exposure to a chemical defoliant or herbicide or other causative
agent, including Agent Orange; and
(2) any other information as determined by the
commissioner.
(c) The department may require the veteran to provide other
information as determined by the commissioner.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 83.004. REPORTS BY DEPARTMENT. (a) The department
shall compile and evaluate information submitted under this chapter
into a report to be distributed annually to members of the
legislature, the Veterans Administration, the Texas Veterans
Commission, and other veterans' groups. The report must include
statistical information and current research findings on the
effects of exposure to chemical defoliants or herbicides or other
causative agents, including Agent Orange.
(b) The department shall conduct epidemiological studies on
veterans who have cancer or other medical problems associated with
exposure to a chemical defoliant or herbicide or other causative
agent, including Agent Orange, or who have children born with birth
defects after the veterans' suspected exposure to a chemical
defoliant or herbicide or other causative agent, including Agent
Orange.
(c) The department must obtain consent from each veteran to
be studied under Subsection (b).
(d) The department shall compile and evaluate information
obtained from studies conducted under Subsection (b) into a report
to be distributed as provided by Subsection (a).
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 83.005. CONFIDENTIALITY. (a) The identity of a
veteran about whom a report has been made under Section 83.002 or
83.004 may not be disclosed unless the veteran consents to the
disclosure.
(b) Statistical information collected under this chapter is
public information.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 83.006. IMMUNITY FROM LIABILITY. A physician or
hospital reporting in compliance with this chapter is not civilly
or criminally liable for providing the information required by this
chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 83.007. CLASS ACTION SUIT. The attorney general may
represent a class of individuals composed of veterans who may have
been injured because of contact with chemical defoliants or
herbicides or other causative agents, including Agent Orange, in a
suit for release of information relating to exposure to the
chemicals during military service and for release of individual
medical records.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 83.008. ASSISTANCE PROGRAM. (a) The department and
the health science centers and other medical facilities of The
University of Texas System shall institute a cooperative program
to:
(1) refer veterans to appropriate state and federal
agencies to file claims to remedy medical and financial problems
caused by the veterans' exposure to chemical defoliants or
herbicides or other causative agents, including Agent Orange;
(2) provide veterans with cytogenetic, sperm,
immunological, neurological, progeny birth defect, and other
appropriate clinical or laboratory evaluations to determine if the
veteran has suffered physical damage as a result of substantial
exposure to chemical defoliants or herbicides or other causative
agents, including Agent Orange;
(3) provide veterans with genetic counseling; and
(4) refer a veteran's child for further evaluation and
treatment if the child has a birth defect and the suspected cause of
the birth defect is the veteran's exposure to a chemical defoliant
or herbicide or other causative agent, including Agent Orange.
(b) The commissioner shall adopt rules necessary to
administer the program authorized by this section.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 83.009. CERTAIN CASES EXCLUDED. Sections 83.002 and
83.004 do not apply to veterans treated before January 1, 1982, for
symptoms typical of a person who has been exposed to a chemical
defoliant or herbicide or other causative agent, including Agent
Orange.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 83.010. TERMINATION OF PROGRAMS AND DUTIES. If the
commissioner determines that an agency of the federal government is
performing the referral and screening functions required by Section
83.008, the commissioner may discontinue any program required by
this chapter or any duty required of a physician or hospital under
this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
