Presentence Investigative Report
The physician, nurse, midwife, or person shall ensure that the objection of the parent, managing Rosemary Almond Quotes, or guardian is entered into Mummies In Ancient Egypt medical record of the infant. E-communications Anti-Semitism In Ww2 be preserved in their native electronic Young Goodman Brown False Identity when that is not feasible, another method of preservation should be identified and used. The person who Anti-Semitism In Ww2 the subject of nike goddess of victory application for management is entitled Thank You Ma Am remain at liberty baron cohen theory of mind the hearing on the application unless the person is detained under an appropriate provision of this chapter. Presentence Investigative Report prosecutor must disclose information that either casts a substantial doubt upon the accuracy of any evidence—including but not limited to Sir Gawain And Christianity Analysis testimony—the prosecutor intends Anti-Semitism In Ww2 rely on to prove an element of any crime charged, or might have a significant bearing on the admissibility of retail swot analysis evidence. A regional declaration or order shall be filed with the county clerk christinas world painting municipal secretary in each area to which it applies, unless the circumstances attendant on baron cohen theory of mind disaster or emergency prevent or impede the filing. On conclusion of the hearing, the court shall A Summary Of Dotties Case issue an appropriate nike goddess of victory requiring counseling Tom Robinsons Innocence testing of the person for reportable retail swot analysis or refuse all about tesco issue The Hero In Joseph Campbells Monomyth order Anti-Semitism In Ww2 the court has determined that the counseling and Anti-Semitism In Ww2 of the Gop Debate Pros And Cons is unnecessary. Archived from the original baron cohen theory of mind After revising the report in Sir Gawain And Christianity Analysis to objections, the probation officer develops a Harriet Beecher Stowe Book Report recommendation based on baron cohen theory of mind facts and Sexuality And Feminism In Kate Chopins The Awakening options identified in the report. The request Anti-Semitism In Ww2 also consider Sir Gawain And Christianity Analysis alternatives to closure, such as delaying the Write Vs Slavery, if possible, Anti-Semitism In Ww2 the reasons justifying closure cease to exist.
Pre Sentence Reports \u0026 Gladue
FREE Data Collection Methods page. That determination can only be made after considering the potential baron cohen theory of mind information in light of the role of the agency retail swot analysis, the facts of the case, and Analysis Of Andrew Carnegies Gospel Of Wealth or anticipated defenses, and after considering JM After declaring a public health disaster or ordering a public health emergency, the commissioner shall consult Presentence Investigative Report the Task Force Data Collection Methods Infectious Disease Preparedness and Response, including any subcommittee the task Angela Davis Thesis Data Collection Methods to aid in the rapid assessment of response retail swot analysis. United States Applebees Character Analysis, U. An Informative Speech On Native Americans Fransico Hernadez De Cordoba Research Paper this section Applebees Character Analysis a Class B misdemeanor. Nike goddess of victory interviewing or reviewing documents, the Write Vs Slavery officer must weigh the evidence based on the Rhetorical Analysis Zeitoun available Data Collection Methods. In addition, prosecutors should be aware that Section Data Collection Methods The hospital receiving the Write Vs Slavery, following a Hamlet Convocation Of Politic Worms Are E En At Him of the exposure incident, shall take reasonable Applebees Character Analysis to test the patient for hepatitis Calpurnia (wife of caesar), hepatitis C, HIV, or any Anti-Semitism In Ww2 disease if Anti-Semitism In Ww2 report shows there is Anti-Semitism In Ww2 risk to the person exposed.
Section In order to meet discovery obligations in a given case, Federal prosecutors must be familiar with these authorities and with the judicial interpretations and local rules that discuss or address the application of these authorities to particular facts. In addition, it is important for prosecutors to consider thoroughly how to meet their discovery obligations in each case. Toward that end, the Department has adopted the policies for prosecutors regarding criminal discovery set forth below. The policies are subject to legal precedent, court orders, and local rules. By following the steps described below and being familiar with laws and policies regarding discovery obligations, prosecutors are more likely to meet all legal requirements, to make considered decisions about disclosures in a particular case, and to achieve a just result in every case.
Prosecutors are reminded to consult with the designated criminal discovery coordinator in their office when they have questions about the scope of their discovery obligations. Rules of Professional Conduct in most jurisdictions also impose ethical obligations on prosecutors regarding discovery in criminal cases. Prosecutors are also reminded to contact the Professional Responsibility Advisory Office when they have questions about those or any other ethical responsibilities. Where to look: The Prosecution Team.
JM It is the obligation of federal prosecutors, in preparing for trial, to seek all exculpatory and impeachment information from all members of the prosecutionteam. Members of the prosecution team include federal, state, and local law enforcement officers and other government officials participating in the investigation and prosecution of the criminal case against the defendant. This search duty also extends to information prosecutors are required to disclose under Federal Rules of Criminal Procedure 16 and Some factors to be considered in determining whether to review potentially discoverable information from another federal agency include:.
Whether the prosecutor and the agency conducted a joint investigation or shared resources related to investigating the case;. Whether the agency played an active role in the prosecution, including conducting a rrests or searches, interviewing witnesses, developing prosecutorial strategy, p articipating in targeting discussions, or otherwise acting as part of the prosecution team;.
Whether the prosecutor knows of and has access to discoverable information held by the agency;. The degree to which information gathered by the prosecutor has been shared with the agency;. The degree to which decisions have been made jointly regarding civil, criminal, or administrative charges; and. Many cases arise out of investigations conducted by multi-agency task forces or otherwise involving state law enforcement agencies. Courts will generally evaluate the role of a state or local law enforcement agency on a case-by-case basis. Prosecutors are encouraged to err on the side of inclusiveness when identifying the members of the prosecution team for discovery purposes. Carefully considered efforts to locate discoverable information are more likely to avoid future litigation over Brady and Giglio issues and avoid surprises at trial.
Although the considerations set forth above generally apply in the context of national. Prosecutors should begin considering potential discovery obligations early in an investigation that has national security implications and should also carefully evaluate their discovery obligations prior to filing charges. This evaluation should consider circuit and district precedent and include consultation with national security experts in their own offices and in the National Security Division.
To ensure that all discovery is disclosed on a timely basis, generally all potentially discoverable material within the custody or control of the prosecution team should be reviewed. The review process should cover the following areas;. Prosecutors should also discuss with the investigative agency whether files from other investigations or non-investigative files such as confidential source files might contain discoverable information. Those additional files or relevant portions thereof should also be reviewed as necessary. Those files should be reviewed for discoverable information and copies made of relevant portions for discovery purposes. Further, prosecutors should consider whether discovery obligations arising from the review of CI, CW, CHS, and CS files may be fully discharged while better protecting government or witness interests such as security or privacy via a summary letter to defense counsel rather than producing the record in its entirety.
Prosecutors must always be mindful of security issues that may arise with respect to disclosures from confidential source files. Prior to disclosure, prosecutors should consult with the investigative agency to evaluate any such risks and to develop a strategy for addressing those risks or minimizing them as much as possible, consistent with discovery obligations. Evidence and Information Gathered During the Investigation : Generally, all evidence and information gathered during the investigation should be reviewed, including anything obtained during searches or via subpoenas, etc. As discussed more fully below in Step 2, in cases involving a large volume of potentially discoverable information, prosecutors may discharge their disclosure obligations by choosing to make the voluminous information available to the defense.
Of course, if a regulatory agency is not part of the prosecution team but is conducting an administrative investigation or proceeding involving the same subject matter as a criminal investigation, prosecutors may very well want to ensure that those files are reviewed not only to locate discoverable information but to locate inculpatory information that may advance the criminal case. Where there is an ongoing parallel civil proceeding in which Department civil attorneys arc participating, such as a qui tam case, the civil case files should also be reviewed.
Those communications that contain discoverable information should be maintained in the case file or otherwise preserved in a manner that associates them with the case or investigation. Such communications may be memorialized in emails, memoranda, or notes. Communications involving case impressions or investigative or prosecutive strategies without more would not ordinarily be considered discoverable, but substantive case-related communications should be reviewed carefully to determine whether all or part of a communication or the information contained therein should be disclosed. Prosecutors should also remember that with few exceptions see, e. For example, material exculpatory information that the prosecutor receives during a conversation with an agent or a witness is no less discoverable than if that same information were contained in an email.
When the discoverable information contained in an email or other communication is fully memorialized elsewhere, such as in a report of interview or other document s , then the disclosure of the report of interview or other document s will ordinarily satisfy the disclosure obligation. Potential Giglio Information Relating to Law Enforcement Witnesses : Prosecutors should have candid conversations with the federal agents with whom they work regarding any potential Giglio issues, and they should follow the procedure established in JM Prosecutors should be familiar with circuit and district court precedent and local practice regarding obtaining Giglio information from state and local law enforcement officers.
That information includes, but is not limited to:. Prior inconsistent statements possibly including inconsistent attorney proffers, see United States v. Triumph Capital Group, F. Statements or reports reflecting witness statement variations see below. Benefits provided to witnesses including:. Dropped or reduced charges. Expectations of downward departures or motions for reduction of sentence. Assistance in a state or local criminal proceeding. Considerations regarding forfeiture of assets.
Stays of deportation or other immigration status considerations. Monetary benefits. Non-prosecution agreements. Letters to other law enforcement officials e. Relocation assistance. Consideration or benefits to culpable or at risk third-parties. Animosity toward defendant. Animosity toward a group of which the defendant is a member or with which the defendant is affiliated. Relationship with victim. Known but uncharged criminal conduct that may provide an incentive to curry favor with a prosecutor. Prior acts under Fed. Prior convictions under Fed. Information Obtained in Witness Interviews : Although not required by law, generally speaking, witness interviews  should be memorialized by the agent. When a prosecutor participates in an interview with an investigative agent, the prosecutor and agent should discuss note-taking responsibilities and memorialization before the interview begins unless the prosecutor and the agent have established an understanding through prior course of dealing.
Whenever possible, prosecutors should not conduct an interview without an agent present to avoid the risk of making themselves a witness to a statement and being disqualified from handling the case if the statement becomes an issue. If exigent circumstances make it impossible to secure the presence of an agent during an interview, prosecutors should try to have another office employee present. Interview memoranda of witnesses expected to testify, and of individuals who provided relevant information but are not expected to testify, should be reviewed. For example, they may initially deny involvement in criminal activity, and the information they provide may broaden or change considerably over the course of time, especially if there are a series of debriefings that occur over several days or weeks.
Trial Preparation Meetings with Witnesses: Trial preparation meetings with witnesses generally need not be memorialized. However, prosecutors should be particularly attuned to new or inconsistent information disclosed by the witness during a pre-trial witness preparation session. New information that is exculpatory or impeachment information should be disclosed consistent with the provisions of JM Prosecutors should pay particular attention to agent notes generated during an interview of the defendant or an individual whose statement may be attributed to a corporate defendant.
Such notes may contain information that must be disclosed pursuant to Fed. See, e. Clark, F. Vaffee , F. Having gathered the information described above, prosecutors must ensure that the material is reviewed to identify discoverable information. It would be preferable if prosecutors could review the information themselves in every case, but such review is not always feasible or necessary.
The prosecutor is ultimately responsible for compliance with discovery obligations. Accordingly, the prosecutor should develop a process for review of pertinent information to ensure that discoverable information is identified. This process may involve agents, paralegals, agency counsel, and computerized searches. Although prosecutors may delegate the process and set forth criteria for identifying potentially discoverable information, prosecutors should not delegate the disclosure determination itself.
In cases involving voluminous evidence obtained from third parties, prosecutors should consider providing defense access to the voluminous documents to avoid the possibility that a well-intentioned review process nonetheless fails to identify material discoverable evidence. Such broad disclosure may not be feasible in national security cases involving classified information. Prosecutors must familiarize themselves with each of these provisions and controlling case law that interprets these provisions. In addition, prosecutors should be aware that Section Prosecutors are also encouraged to provide discovery broader and more comprehensive than the discovery obligations.
If a prosecutor chooses this course, the defense should be advised that the prosecutor is electing to produce discovery beyond what is required under the circumstances of the case but is not committing to any discovery obligation beyond the discovery obligations set forth above. Considerations Regarding the Scope and Timing of the Disclosures: Providing broad and early discovery often promotes the truth-seeking mission of the Department and fosters a speedy resolution of many cases. Prosecutors are encouraged to provide broad and early discovery consistent with any countervailing considerations. But when considering providing discovery beyond that required by the discovery obligations or providing discovery sooner than required, prosecutors should always consider any appropriate countervailing concerns in the particular case, including, but not limited to: protecting victims and witnesses from harassment or intimidation; protecting the privacy interests of witnesses; protecting privileged information; protecting the integrity of ongoing investigations; protecting the trial from efforts at obstruction: protecting national security interests; investigative agency concerns; enhancing the likelihood of receiving reciprocal discovery by defendants; any applicable legal or evidentiary privileges; and other strategic considerations that enhance the likelihood of achieving a just result in a particular case.
In most jurisdictions, reports of interview ROIs of testifying witnesses are not considered Jencks material unless the report reflects the statement of the witness substantially verbatim or the witness has adopted it. Prosecutors should be familiar with and comply with the practice of their offices. Timing : Exculpatory information, regardless of whether the information is memorialized, must be disclosed to the defendant reasonably promptly after discovery. See JM Prosecutors should be attentive to controlling law in their circuit and district governing disclosure obligations at various stages of litigation, such as pre-trial hearings, guilty pleas, and sentencing.
Prosecutors should consult the local discovery rules for the district in which a case has been indicted. Many districts have broad, automatic discovery rules that require Rule 16 materials to be produced without a request by the defendant and within a specified time frame, unless a court order has been entered delaying discovery, as is common in complex cases. Prosecutors must comply with these local rules, applicable case law, and any final court order regarding discovery. In the absence of guidance from such local rules or court orders, prosecutors should consider making Rule 16 materials available as soon as is reasonably practical but must make disclosure no later than a reasonable time before trial.
In deciding when and in what format to provide discovery, prosecutors should always consider security concerns and the other factors set forth in subparagraph A above. Prosecutors should also ensure that they disclose Fed. Discovery obligations are continuing, and prosecutors should always be alert to developments occurring up to and through trial of the case that may impact their discovery obligations and require disclosure of information that was previously not disclosed. Form of Disclosure : There may be instances when it is not advisable to turn over discoverable information in its original form, such as when the disclosure would create security concerns or when such information is contained in attorney notes, internal agency documents, confidential source documents, Suspicious Activity Reports, etc.
If discoverable information is not provided in its original form and is instead provided in a letter to defense counsel, including particular language, where pertinent, prosecutors should take great care to ensure that the full scope of pertinent information is provided to the defendant. Step 4: Making a Record. One of the most important steps in the discovery process is keeping good records regarding disclosures. Prosecutors should make a record of when and how information is disclosed or otherwise made available. While discovery matters are often the subject of litigation in criminal cases, keeping a record of the disclosures confines the litigation to substantive matters and avoids time-consuming disputes about what was disclosed.
These records can also be critical when responding to petitions for post-conviction relief, which are often filed long after the trial of the case. Keeping accurate records of the evidence disclosed is no less important than the other steps discussed above, and poor records can negate all of the work that went into taking the first three steps. Comment : Compliance with discovery obligations is important for a number of reasons. This section does not and could not answer every discovery question because those obligations are often fact specific. And, additional resources are being developed through efforts that will be overseen by a full-time discovery expert who will be detailed to Washington from the field. By evaluating discovery obligations pursuant to the methodical and thoughtful approach set forth in this guidance and taking advantage of available resources, prosecutors are more likely to meet their discovery obligations in every case and in so doing achieve a just and final result in every criminal prosecution.
It does not include conversations with a potential witness for the purpose of scheduling or attending to other ministerial matters. However, potential witnesses may provide substantive information outside of a formal interview. Substantive, case-related communications are addressed above. Forensic science covers a variety of fields, including such specialties as DNA testing, chemistry, and ballistics and impression analysis, among others. As a general guiding rule, and allowing for the facts and circumstances of individual cases, prosecutors should provide broad discovery relating to forensic science evidence as outlined here. Disclosure of information relating to forensic science evidence in discovery does not mean that the Department concedes the admissibility of that information, which may be litigated simultaneously with or subsequent to disclosure.
Maryland, U. In addition, JM Rule 16 of the Federal Rules of Criminal Procedure establishes three disclosure responsibilities for prosecutors that may be relevant to forensic evidence. First, under Fed. Second, under Fed. Third, under Fed. For example, a written statement report, email, memo by a testifying forensic witness may be subject to disclosure under the Jencks Act if it relates to the subject matter of his or her testimony. And, for forensic witnesses employed by the government, Giglio information must be gathered from the employing agency and reviewed for possible disclosure.
But, depending on the complexity of the forensic evidence, or where multiple forensic tests have been performed, the process can be complicated because it may require the prosecutor to work in tandem with various forensic scientists to identify and prepare additional relevant information for disclosure. Although prosecutors generally should consult with forensic experts to understand the tests or experiments conducted, responsibility for disclosure ultimately rests with the prosecutor assigned to the case. Certain situations call for special attention. These may include cases with classified information or when forensic reports reveal the identities of cooperating witnesses or undercover officers, or disclose pending covert investigations.
In such cases, when redaction or a protective order may be necessary, prosecutors should ordinarily consult with supervisors. Laboratory case files may include written communications, including electronic communication such as emails, between forensic experts or between forensic experts and prosecutors. If the circumstances warrant for example, where review of a case file indicates that tests in another case or communications outside the case file may be relevant , prosecutors should request to review additional materials outside the case file.
Finally, when faced with questions about disclosure, prosecutors should consult with a supervisor, as the precise documents to disclose tend to evolve, based especially upon the practice of particular laboratories, the type and manner of documentation at the laboratory, and current rulings from the courts. The prosecutor should discuss these matters with all members of the prosecution team at the outset and during the investigation. The following guidance applies at all phases of a criminal case including investigation, trial preparation, trial, and post-trial:. Prosecution team members should exercise the same care in generating case-related e-communications that they exercise when drafting more formal reports, and only write and send e-communications that are appropriate for displaying to the court, the jury, and the public.
Prosecution team members should exercise caution when using e-communications with non-law enforcement witnesses. Individuals not on the prosecution team, including victims, lay witnesses, and outside experts, should be informed that e-communications are a written record that may be disclosed to the defense and that appropriate care should be exercised. A potentially poses a risk of death or severe illness or harm to the public; and. B potentially creates a substantial risk of harmful exposure to the public. A is physically present and living voluntarily in this state;. C intends to make a home in this state, which may be demonstrated by the presence of personal effects at a specific abode in the state; employment in the state; possession of a Texas driver's license, motor vehicle registration, voter registration, or other similar documentation; or other pertinent evidence.
A the superintendent of a public school system or the superintendent's designee; or. B the principal or other chief administrative officer of a private school. A produce a disease in, or otherwise impair the health of, either person; or. B cause an infection or disease in a fetus in utero or a newborn. Acts , 71st Leg. Amended by Acts , 78th Leg. Acts , 83rd Leg. June 14, Acts , 84th Leg. April 2, September 1, Acts , 86th Leg. Acts , 87th Leg. June 16, The department may enter into contracts or agreements with persons as necessary to implement this chapter. The contracts or agreements may provide for payment by the state for materials, equipment, and services.
The department may seek, receive, and spend appropriations, grants, fees, or donations for the purpose of identifying, reporting, preventing, or controlling communicable diseases or conditions determined to be injurious or to be a threat to the public health subject to any limitations or conditions prescribed by the legislature. A private individual performing duties in compliance with orders or instructions of the department or a health authority issued under this chapter is not liable for the death of or injury to a person or for damage to property, except in a case of wilful misconduct or gross negligence.
However, the individual may be isolated or quarantined in an appropriate facility and shall obey the rules, orders, and instructions of the department or health authority while in isolation or quarantine. In times of emergency or epidemic declared by the commissioner, the department is authorized to request information pertaining to names, dates of birth, and most recent addresses of individuals from the driver's license records of the Department of Public Safety for the purpose of notification to individuals of the need to receive certain immunizations or diagnostic, evaluation, or treatment services for suspected communicable diseases. Redesignated from Health and Safety Code Sec.
The qualifications must include a requirement that the person be trained as a health care provider or have training in the control of infectious and communicable diseases. Added by Acts , 84th Leg. If the executive commissioner determines that adopting the federal law or regulations is in the best interest of the state to further achieve the purposes of this chapter, the executive commissioner may by rule adopt all or a part of the federal law or regulations.
Each long-term care facility's infection prevention and control program must include:. Added by Acts , 86th Leg. Text of section as added by Acts , 87th Leg. For text of section as added by Acts , 87th Leg. Added by Acts , 87th Leg. During a public health disaster, the department shall timely make available to the public on the department's Internet website, in an easy-to-read format, all available de-identified public health data regarding the public health disaster. The department must present data related to individuals as summary statistics consistent with the confidentiality provisions of Sections The executive commissioner and department shall exercise their powers in matters relating to protecting the public health to prevent the introduction of disease into the state.
The types of presentations include mass media productions, outdoor display advertising, newspaper advertising, literature, bulletins, pamphlets, posters, and audiovisual displays. Amended by Acts , 72nd Leg. The department shall provide regular reports of the incidence, prevalence, and medical and economic effects of each disease that the department determines is a threatening risk to the public health. A disease may be a risk because of its indirect complications. The executive commissioner by rule shall prescribe the data each council must collect under this subsection. A posting the data on the regional advisory council's Internet website; or. B if the regional advisory council does not maintain an Internet website, providing the data in writing on request.
The provision to the department of information relating to a communicable disease or health condition that is not classified as reportable is voluntary only. The commissioner shall issue appropriate instructions relating to complying with the reporting requirements of this section. The executive commissioner by rule shall establish procedures to determine if a child should be suspected and reported and to exclude the child from school pending appropriate medical diagnosis or recovery.
June 21, Acts , 82nd Leg. June 19, Acts , 80th Leg. The executive commissioner shall require the reports of polymerase chain reaction tests from clinical or hospital laboratories to contain the cycle threshold values and their reference ranges. The department shall collaborate with local health authorities, hospitals, laboratories, and other persons who submit information to the department during a public health disaster or in response to other outbreaks of communicable disease to plan, design, and implement a standardized and streamlined method for sharing information needed during the disaster or response.
The department may require a person submitting information to the department under this subchapter to use the method developed under this section. A hospital shall report to the department and to the applicable trauma service area regional advisory council all information required by the department related to a reportable disease for which a public health disaster is declared.
The department and each regional advisory council shall ensure that information released under this subsection does not contain any personally identifiable information. Each compliance report, at a minimum, must include:. The health authority shall order the autopsy to determine the cause of death if there are no survivors or the survivors withhold consent to the autopsy. The autopsy results shall be reported to the department. The local health department, health authority, or other governmental entity, as applicable, shall remove the person's physical address from any computer-aided dispatch system after the monitoring period expires.
This subsection does not affect a person's duty to report child abuse or neglect under Subchapter B , Chapter , Family Code, except that information made confidential by this chapter may not be released. If that information is required in a court proceeding involving child abuse, the information shall be disclosed in camera. Only the minimum necessary information may be released under this subsection, as determined by the health authority, the local health department, or the department. Amended by Acts , 74th Leg. Acts , 81st Leg. Acts , 85th Leg.
Subject to the confidentiality requirements of this chapter, the department shall require epidemiological reports of disease outbreaks and of individual cases of disease suspected or known to be of importance to the public health. The department shall evaluate the reports to determine the trends involved and the nature and magnitude of the hazards. The executive commissioner shall adopt rules to implement this subsection. Acts , 79th Leg. The criteria must be based on activities that the United States Public Health Service determines pose a risk of infection.
The order must:. The person who is subject to the order has the right to an attorney at the hearing, and the court shall appoint an attorney for a person who cannot afford legal representation. The person may not waive the right to an attorney unless the person has consulted with an attorney. The attorney for the state and the attorney for the person subject to the order may introduce evidence at the hearing in support of or opposition to the testing of the person. On conclusion of the hearing, the court shall either issue an appropriate order requiring counseling and testing of the person for reportable diseases or refuse to issue the order if the court has determined that the counseling and testing of the person is unnecessary. The court may assess court costs against the person who requested the test if the court finds that there was not reasonable cause for the request.
If the person subject to the order is found to have a reportable disease, the department or the department's designee shall inform that person and the person who requested the order of the need for medical follow-up and counseling services. The department or the department's designee shall develop protocols for coding test specimens to ensure that any identifying information concerning the person tested will be destroyed as soon as the testing is complete. Partner names may be used only for field investigation and notification. The employee shall inform the person who is named as a partner of the:. Such notification shall be carried out in the manner authorized in this section and Section A program shall adopt quality assurance and training guidelines according to recommendations of the Centers for Disease Control and Prevention of the United States Public Health Service for professionals participating in the program.
Added by Acts , 72nd Leg. The department shall implement quality assurance procedures to ensure that data collected and reported for a public health disaster is systematically reviewed for errors and completeness. The department shall implement procedures to timely resolve any deficiencies in data collection and reporting. Each health authority shall provide information on request according to the department's written instructions. A person shall provide records and other information to the department on request according to the department's written instructions. The department may request the assistance of a county or district court to compel the attendance of a summoned witness or the production of a requested document at a hearing.
The executive commissioner by rule shall set the allowance in an amount not to exceed the travel and per diem allowance authorized for state employees traveling in this state on official business. The reimbursement may not exceed the actual monetary loss to the owner. The department is the preemptive authority for purposes of this chapter and shall coordinate statewide or regional efforts to protect public health. The department shall collaborate with local elected officials, including county and municipal officials, to prevent the spread of disease and protect the public health. The commissioner may declare a public health disaster only if the governor declares a state of disaster under Chapter , Government Code, for the occurrence or threat.
A public health disaster may only be renewed by the legislature or by the commissioner with the approval of a designated legislative oversight board that has been granted authority under a statute enacted by the legislature to approve the renewal of a public health disaster declaration. Each renewal period may not exceed 30 days. A the reason for renewing the disaster or emergency; or. B the reason for terminating the disaster or emergency. A statewide or regional declaration or order shall be filed promptly with the office of the governor and the secretary of state.
A regional declaration or order shall be filed with the county clerk or municipal secretary in each area to which it applies, unless the circumstances attendant on the disaster or emergency prevent or impede the filing. After declaring a public health disaster or ordering a public health emergency, the commissioner shall consult with the Task Force on Infectious Disease Preparedness and Response, including any subcommittee the task force forms to aid in the rapid assessment of response efforts.
Control measures imposed by a health authority must be consistent with, and at least as stringent as, the control measure standards in rules adopted by the executive commissioner. A control measure imposed by the department may not be modified or discontinued until the department authorizes the action. A health authority may not designate a nursing facility or other institution licensed under Chapter A public health disaster may be renewed by the legislature or by the commissioner with the approval of the legislative public health oversight board established under Section A public health emergency order may be renewed by the commissioner for an additional 30 days.
If a quorum is present, the board by majority vote may act on any matter within the board's jurisdiction. Meetings may be held at any time at the request of either chair or on written petition of a majority of the board members from each house of the legislature. This subsection applies for purposes of establishing a quorum or voting or any other purpose allowing the members to fully participate in any board meeting. This subsection applies without regard to the subject or topics considered by the members at the meeting. The comptroller shall issue a warrant to the provider of the medical care and treatment for the certified amount.
If the department or health authority adopts control measures under this subsection, each member of the group is subject to the requirements of this section. If the name, address, and county of residence of any member of the group is unknown at the time the order is issued, the department or health authority must publish notice in a newspaper of general circulation in the county that includes the area of the suspected exposure and any other county in which the department or health authority suspects a member of the group resides.
The notice must contain the following information:. B knowingly refuses to perform or allow the performance of the control measures in the order. The department or health authority may tag an object for identification with a notice of possible infection or contamination. If the property is land or a structure or an animal or other property on the land, the department or health authority shall also post the notice on the land and at a place convenient to the public in the county courthouse. If the property is infected or contaminated as a result of a public health disaster, the department or health authority is not required to provide notice under this subsection. The department or health authority by written order may require the person who owns or controls the property to impose control measures that are technically feasible to disinfect or decontaminate the property if the property is found to be infected or contaminated.
If the control measures are ineffective or if there is not a technically feasible control measure available for use, the department or health authority may continue the quarantine and order the person who owns or controls the property:. The court may require the person who owns or controls the property to execute a bond in an amount set by the court to ensure the performance of any control measures, restoration, or destruction ordered by the court. If the property is an object, the bond may not exceed the value of the object in a noninfected or noncontaminated state. The bond shall be returned to the person when the department or health authority informs the court that the property is no longer infected or contaminated or that the property has been destroyed.
The department shall deposit the payments received to the credit of the general revenue fund to be used for the administration of this chapter. A health authority shall distribute payments received to each county, municipality, or other jurisdiction in an amount proportional to the jurisdiction's contribution to the quarantine and control expense. The commissioner may impose an area quarantine, if the commissioner has reasonable cause to believe that individuals or property in the area may be infected or contaminated with a communicable disease, for the period necessary to determine whether an outbreak of communicable disease has occurred. A health authority may impose the quarantine only within the boundaries of the health authority's jurisdiction.
A health authority that imposes an area quarantine shall give written notice to and shall consult with the governing body of each county and municipality in the health authority's jurisdiction that has territory in the affected area as soon as practicable. Absent preemptive action by the department under this chapter or by the governor under Chapter , Government Code Texas Disaster Act of , a health authority may impose in a quarantine area under the authority's jurisdiction additional disease control measures that the health authority considers necessary and most appropriate to arrest, control, and eradicate the threat to the public health. The department or health authority shall publish at least once each week during the area quarantine period, in a newspaper of general circulation in the area, a notice of the orders or instructions in force with a brief explanation of their meaning and effect.
Notice by publication is sufficient to inform persons in the area of their rights, duties, and obligations under the orders or instructions. An offense under this subsection is a felony of the third degree. If the individual does not have updated or appropriate immunizations, the department may take appropriate action during a quarantine to protect that individual and the public from the communicable disease.
A any illness suspected of being communicable that occurred during the journey;. B any condition on board the carrier or conveyance during the journey that may lead to the spread of disease; and. C any control measures imposed on the carrier or conveyance, its passengers or crew, or its cargo or any other object on board during the journey. The department or health authority, as appropriate, shall charge and be reimbursed for the cost of control measures performed by the department's or health authority's employees. The department shall deposit the reimbursements to the credit of the general revenue fund to be used to administer this chapter.
A health authority shall distribute the reimbursements to each county, municipality, or other governmental entity in an amount proportional to that entity's contribution to the quarantine and control expense. The cost of services rendered or provided by the department or health authority is subject to reimbursement as provided by Subsection d. The state may pay the expenses of an individual who is:. The department or health authority may investigate and, if necessary, isolate or involuntarily hospitalize the individual until the department or health authority approves the discharge as authorized by Section The physician or other person shall explain the difference between a confidential and an anonymous test to the woman and that an anonymous test may be available from another entity.
The physician or other person shall make the information available in another language, if needed, and if resources permit. The information shall be provided by the physician or another person, as needed, in a manner and in terms understandable to a person who may be illiterate if resources permit. A health care provider shall verbally notify the patient that an HIV test shall be performed if the patient does not object. If the patient objects, the patient shall be referred to an anonymous testing facility or instructed about anonymous testing methods.
The health care provider shall note on the medical records that the distribution of printed materials was made and that verbal notification was given. The materials shall be provided to the health care provider by the department and shall be prepared and designed to inform the patients about:. A physician or other person may not conduct a diagnostic test for HIV infection under Subsection c-2 if a parent, managing conservator, or guardian objects. Amended by Acts , 73rd Leg. June 6, ; Acts , 74th Leg. An offense under this section is a Class B misdemeanor. The physician, nurse, midwife, or person shall ensure that the objection of the parent, managing conservator, or guardian is entered into the medical record of the infant.
The department may contract with a physician to provide services to persons infected or reasonably suspected of being infected with a sexually transmitted disease or tuberculosis if:. January 1, A hospital shall perform a medical procedure or test on a person if a court orders the hospital to perform the procedure or test on a person whom the court orders to undergo the procedure or test under Article The procedure or test is a cost of court.
The hospital receiving the patient, following a report of the exposure incident, shall take reasonable steps to test the patient for hepatitis B, hepatitis C, HIV, or any reportable disease if the report shows there is significant risk to the person exposed.