HEALTH & SAFETY CODE
CHAPTER 92. INJURY PREVENTION AND CONTROL
SUBCHAPTER A. GENERAL PROVISIONS
§ 92.001. DEFINITIONS. In this chapter:
(1) "Injury" means damage to the body that results
from intentional or unintentional acute exposure to thermal,
mechanical, electrical, or chemical energy or from the absence of
essentials such as heat or oxygen.
(2) "Reportable injury" means an injury or condition
required to be reported under this subchapter.
(3) "Traumatic brain injury" means an acquired injury
to the brain, including brain injuries caused by anoxia due to near
drowning. The term does not include brain dysfunction caused by
congenital or degenerative disorders or birth trauma.
Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Health & Safety Code § 87.001 by Acts
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 88.001 by
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.
Amended by Acts 1997, 75th Leg., ch. 893, § 1, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1088, § 3, eff. Sept. 1, 2003.
§ 92.002. REPORTABLE INJURY; RULES. (a) Spinal cord
injuries, traumatic brain injuries, and submersion injuries are
reportable to the department. The board by rule shall define those
terms for reporting purposes.
(b) The board may adopt rules that require other injuries to
be reported under this subchapter.
(c) The board shall maintain and revise, as necessary, the
list of reportable injuries.
(d) The board shall adopt rules necessary to administer this
subchapter.
Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Health & Safety Code § 87.002 by Acts
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 88.002 by
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.
Amended by Acts 1997, 75th Leg., ch. 893, § 2, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1088, § 4, eff. Sept. 1, 2003.
§ 92.003. REPORTING REQUIREMENTS. (a) The following
persons shall report cases or suspected cases of reportable
injuries to the department:
(1) a physician who diagnoses or treats a reportable
injury; and
(2) a medical examiner or justice of the peace.
(b) The department may contact a physician attending a
person with a case or suspected case of a reportable injury.
(c) The board shall prescribe the form and method of
reporting. The board may require the reports to contain any
information, including the person's name, address, age, sex, race,
occupation, employer, and attending physician, necessary to
achieve the purposes of this subchapter.
Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Health & Safety Code § 87.003 by Acts
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 88.003 by
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.
Amended by Acts 1997, 75th Leg., ch. 893, § 3, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1088, § 5, eff. Sept. 1, 2003.
§ 92.004. POWERS AND DUTIES OF DEPARTMENT. (a) The
department may enter into contracts or agreements as necessary to
carry out this subchapter. The contracts or agreements may provide
for payment by the state for materials, equipment, and services.
(b) The department may seek, receive, and spend any funds
received through appropriations, grants, donations, or
contributions from public or private sources for the purpose of
identifying, reporting, or preventing those injuries that have been
determined by the board to be harmful or to be a threat to the public
health.
(c) Subject to the confidentiality provisions of this
subchapter, the department shall evaluate the reports of injuries
to establish the nature and magnitude of the hazards associated
with those injuries, to reduce the occurrence of those risks, and to
establish any trends involved.
(d) The department may make inspections and investigations
as authorized by this subchapter and other law.
Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Health & Safety Code § 87.004 by Acts
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 88.004 by
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1088, § 6, eff. Sept. 1,
2003.
§ 92.005. ACCESS TO INFORMATION. Subject to the
confidentiality provisions of this subchapter, the department may
collect, or cause to be collected, medical, demographic, or
epidemiologic information from any medical or laboratory record or
file to help the department in the epidemiologic investigation of
injuries and their causes.
Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Health & Safety Code § 87.005 by Acts
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 88.005 by
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1088, § 7, eff. Sept. 1,
2003.
§ 92.006. CONFIDENTIALITY. (a) All information and
records relating to injuries are confidential, including
information from injury investigations. That information may not
be released or made public on subpoena or otherwise, except that
release may be made:
(1) for statistical purposes, but only if a person is
not identified;
(2) with the consent of each person identified in the
information released; or
(3) to medical personnel in a medical emergency to the
extent necessary to protect the health or life of the named person.
(b) The board shall adopt rules establishing procedures to
ensure that all information and records maintained by the
department under this subchapter are kept confidential and
protected from release to unauthorized persons.
(c) The director, the director's designee, or an employee of
the department may not be examined in a judicial or other proceeding
about the existence or contents of pertinent records of,
investigation reports of, or reports or information about a person
examined or treated for an injury without that person's consent.
Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Health & Safety Code § 87.006 by Acts
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 88.006 by
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1088, § 8, eff. Sept. 1,
2003.
§ 92.007. INVESTIGATIONS. (a) The department shall
investigate the causes of injuries and methods of prevention.
(b) The director or the director's designee may enter at
reasonable times and inspect within reasonable limits a public
place or building, including a public conveyance, in the director's
duty to prevent an injury.
(c) The director or the director's designee may not enter a
private residence to conduct an investigation about the causes of
injuries without first receiving permission from a lawful adult
occupant of the residence.
Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Health & Safety Code § 87.007 by Acts
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 88.007 by
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.
§ 92.008. TECHNICAL ADVISORY COMMITTEE ON INJURY
REPORTING. (a) The board shall appoint a technical advisory
committee to advise the board of injuries other than spinal cord
injuries, traumatic brain injuries, and submersion injuries that
should be required by rule to be reported under this subchapter.
(b) The technical advisory committee is composed of:
(1) three doctors of medicine or doctors of
osteopathic medicine licensed to practice in this state; and
(2) three hospital representatives, one of whom must
be a public hospital representative.
(c) A technical advisory committee member serves at the
pleasure of the board.
(d) A vacancy on the technical advisory committee is filled
by the board in the same manner as other appointments to the
advisory committee.
(e) A member of the technical advisory committee is not
entitled to reimbursement for expenses incurred in performing
duties under this subchapter.
(f) The technical advisory committee may elect a chairman,
vice-chairman, and secretary from among its members and may adopt
rules to conduct its activities.
(g) The technical advisory committee is entitled to review
and comment on the board's rules under Section 92.002(b) before the
rules are proposed.
Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Health & Safety Code § 87.008 by Acts
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 88.008 by
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.
Amended by Acts 1997, 75th Leg., ch. 893, § 4, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1088, § 9, eff. Sept. 1, 2003.
§ 92.009. COORDINATION WITH TEXAS WORKERS' COMPENSATION
COMMISSION. The department and the Texas Workers' Compensation
Commission shall enter into a memorandum of understanding which
shall include the following:
(1) the department and commission shall exchange
relevant injury data on an ongoing basis notwithstanding Section
92.006;
(2) confidentiality of injury data provided to the
department by the commission is governed by Subtitle A, Title 5,
Labor Code;
(3) confidentiality of injury data provided to the
commission by the department is governed by Section 92.006; and
(4) cooperation in conducting investigations of
work-related injuries.
Added by Acts 1993, 73rd Leg., ch. 41, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Health & Safety Code § 87.009 by Acts
1995, 74th Leg., ch. 76, § 17.01(18), eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 88.009 by
Acts 1997, 75th Leg., ch. 165, § 31.01(53), eff. Sept. 1, 1997.
Amended by Acts 1997, 75th Leg., ch. 893, § 5, eff. Sept. 1,
1997.
§ 92.010. COORDINATION WITH TEXAS REHABILITATION
COMMISSION. The department and the Texas Rehabilitation
Commission shall enter into a memorandum of understanding to:
(1) exchange relevant injury data on an ongoing basis
notwithstanding Section 92.006;
(2) maintain the confidentiality of injury data
provided to the department by the commission in accordance with
Section 92.006 and Section 111.057, Human Resources Code; and
(3) cooperate in conducting investigations of spinal
cord and traumatic brain injuries.
Added by Acts 1997, 75th Leg., ch. 893, § 6, eff. Sept. 1, 1997.
Renumbered from § 88.010 and amended by Acts 1999, 76th Leg., ch.
62, § 11.01, eff. Sept. 1, 1999.
§ 92.011. COORDINATION WITH TEXAS TRAUMATIC BRAIN INJURY
ADVISORY COUNCIL. (a) The department and the Texas Traumatic
Brain Injury Advisory Council established within the department
under Subchapter B shall:
(1) exchange relevant injury data on an ongoing basis
to the extent allowed by Section 92.006;
(2) maintain the confidentiality of injury data
provided to the council by the department in accordance with
Section 92.006;
(3) permit the council to review and comment on the
board's rules under Section 92.002(b) before the rules are
proposed; and
(4) cooperate in conducting investigations of
traumatic brain injuries.
(b) The department and the Texas Traumatic Brain Injury
Advisory Council may enter into a memorandum of understanding to
facilitate cooperation under Subsection (a).
Added by Acts 1997, 75th Leg., ch. 893, § 6, eff. Sept. 1, 1997.
Renumbered from § 88.011 and amended by Acts 1999, 76th Leg., ch.
62, § 11.02, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1088,
§ 10, eff. Sept. 1, 2003.
SUBCHAPTER B. TEXAS TRAUMATIC BRAIN INJURY ADVISORY COUNCIL
§ 92.051. DEFINITIONS. In this subchapter:
(1) "Traumatic brain injury support group" means a
local, state, or national organization that:
(A) is established to provide support services to
aid persons with a traumatic brain injury and their primary family
caregivers;
(B) encourages research into the cause,
prevention, and treatment of traumatic brain injury and care of
persons with a traumatic brain injury; and
(C) is dedicated to the development of essential
services for persons with a traumatic brain injury and their
primary family caregivers.
(2) "Council" means the Texas Traumatic Brain Injury
Advisory Council.
(3) "Primary family caregiver" means an individual who
is a relative of a person with a traumatic brain injury who has or
has had a major responsibility for the care and supervision of the
person with a traumatic brain injury and who is not a professional
health care provider paid to care for the person with a traumatic
brain injury.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.052. ADVISORY COUNCIL; ASSOCIATED
AGENCY. (a) The Texas Traumatic Brain Injury Advisory Council is
an advisory council within the department.
(b) Notwithstanding Subsection (a), if, as a result of
legislation enacted in the 78th Legislature, Regular Session, 2003,
a state agency other than the department is designated to serve as
the agency with primary responsibility in relation to persons with
physical disabilities, the council is an advisory council within
that state agency and a reference in this chapter to the department
means that agency.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.053. MEMBERSHIP. (a) The council must be
composed in accordance with federal law. Appointments to the
council shall be made without regard to:
(1) the race, color, sex, religion, age, or national
origin of the appointees; or
(2) the disability of the appointees, except as
required by federal law.
(b) The council is composed of 22 members appointed as
follows:
(1) eight public consumer members appointed by the
commissioner of health and human services, at least three of whom
must be individuals related to persons with a traumatic brain
injury and at least three of whom must be persons with a brain
injury;
(2) six professional members appointed by the
commissioner of health and human services, each of whom must have
special training and interest in the care, treatment, or
rehabilitation of persons with a traumatic brain injury, with one
representative each from:
(A) acute hospital trauma units;
(B) the National Institute for Disability
Rehabilitation Research Traumatic Brain Injury Model System in this
state;
(C) acute or post-acute rehabilitation
facilities;
(D) community-based services;
(E) faculties of institutions of higher
education; and
(F) providers in the areas of physical therapy,
occupational therapy, or cognitive rehabilitation; and
(3) eight state agency members, with one
representative from each of the following agencies appointed by the
chief executive officer of the agency:
(A) Texas Department of Health;
(B) Texas Department of Human Services;
(C) Texas Department of Mental Health and Mental
Retardation;
(D) Texas Rehabilitation Commission;
(E) Health and Human Services Commission;
(F) Texas Education Agency;
(G) Texas Planning Council for Developmental
Disabilities; and
(H) Texas Department of Insurance.
(c) One of the six public consumer members appointed under
Subsection (b)(1) must be a member of a statewide traumatic brain
injury support group.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.054. OFFICERS. (a) The members of the council
annually shall elect a presiding officer and an assistant presiding
officer from the council members.
(b) A representative of a state agency may not serve as
presiding officer or assistant presiding officer.
(c) At least one of the officers must be a public consumer
member.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.055. RESTRICTIONS ON MEMBERS. (a) In this
section, "Texas trade association" means a cooperative and
voluntarily joined association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest. The
term does not include a voluntary health organization.
(b) A person may not be a public consumer member of the
council if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving money from the
council;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving money from the council; or
(3) uses or receives a substantial amount of tangible
goods, services, or money from the council, other than compensation
or reimbursement authorized by law for council membership,
attendance, or expenses.
(c) A person may not be a member of the council if the person
is an officer, employee, or paid consultant of a Texas trade
association in a health care field.
(d) A person may not be a member of the council if the person
is required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the council.
(e) It is a ground for removal from the council that a
member:
(1) does not have at the time of taking office the
qualifications required by Section 92.053(b);
(2) does not maintain during service on the council
the qualifications required by Section 92.053(b);
(3) is ineligible for membership under Subsection (b),
(c), or (d);
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the council.
(f) The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a council
member exists.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.056. TERMS; VACANCY. (a) The public consumer and
professional members of the council are appointed for staggered
six-year terms, with the terms of four or five members expiring
February 1 of each odd-numbered year.
(b) In addition to other methods by which a position may
become vacant, a position on the council becomes vacant if a member
resigns from the council by providing written notice to the
presiding officer of the council.
(c) If a position on the council becomes vacant, the
presiding officer shall provide written notice to the appropriate
appointing official requesting a new appointment to fill the
remainder of the member's term.
(d) If a vacancy occurs, the appropriate appointing
official shall appoint a person, in the same manner as the original
appointment, to serve for the remainder of the unexpired term.
(e) A person who has served one full term on the council is
not eligible for reappointment.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.057. COMPENSATION; EXPENSES. (a) Except as
provided by Subsections (b) and (c), a member of the council is not
entitled to compensation for service on the council and is not
entitled to reimbursement for travel expenses.
(b) A member who is a representative of a state agency shall
be reimbursed for travel expenses incurred while conducting council
business from the funds of the agency the person represents in
accordance with the General Appropriations Act.
(c) If money is available for this purpose in the account
established under Section 92.062(b), the department shall
reimburse a public consumer member for the member's actual and
necessary expenses incurred in performing council duties,
including travel, meals, lodging, respite care for a dependent with
a disability, and telephone long-distance charges.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.058. MEETINGS. The council shall meet at least
once each calendar quarter on meeting dates set by the council and
at the call of the presiding officer.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.059. DUTIES OF THE COUNCIL. The council shall:
(1) inform state leaders of issues and policies as
they relate to meeting the needs of persons with a traumatic brain
injury and their primary family caregivers;
(2) recommend to state leaders policies and programs
that more effectively serve persons with a traumatic brain injury
and their families;
(3) recommend to the department methods to explore and
promote innovative approaches to providing services and support to
persons with a traumatic brain injury and their families;
(4) recommend to the department methods to promote
education, training, and information about traumatic brain injury
issues;
(5) advocate for persons with a traumatic brain injury
and their families;
(6) recommend to the department methods to support
activities aimed at reducing preventable brain injuries; and
(7) recommend to the department methods to conduct
outreach to obtain public input.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.060. DUTIES OF THE DEPARTMENT. (a) The
department shall:
(1) provide administrative support services to the
council;
(2) accept gifts and grants on behalf of the council
from any public or private entity;
(3) receive, deposit, and disburse gifts and grants
for the council in accordance with this subchapter and provide
other administrative services in support of the council as
requested by and negotiated with the council; and
(4) enter into a memorandum of understanding with the
council that delineates the responsibilities of the department and
the council under this subchapter and amend the memorandum as
necessary to reflect changes in those responsibilities.
(b) The board may adopt rules as necessary to implement the
department's duties under this subchapter and federal
developmental disability laws.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.061. ADDITIONAL COUNCIL DUTIES. The council
shall:
(1) make recommendations, at the request of the
governor or legislative leaders, relating to activities
appropriate to the achievement of legislative and executive
functions relating to persons with a traumatic brain injury; and
(2) submit to the governor, legislature, and other
appropriate state and federal authorities periodic reports on the
council's responsibilities and performance.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.062. GIFTS AND GRANTS. (a) The council is
encouraged to seek a gift or grant from any public or private
entity.
(b) The health and human services commission shall deposit
any money received under Subsection (a) to the credit of the Texas
Traumatic Brain Injury Advisory Council account. The Texas
Traumatic Brain Injury Advisory Council account is an account in
the general revenue fund that may be appropriated only for the
purpose of carrying out this subchapter.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
§ 92.063. ADVISORY COMMITTEE STATUTE
INAPPLICABLE. Chapter 2110, Government Code, does not apply to the
council.
Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003.
