Legal Resources

Communicable Disease Control Measures in Texas A Guide for Health Authorities in a Public Health Emergency
The laws and rules cited in the Guide are current as of May 1, 2007.

Health Authority Order - Health Authority's Affidavit of Medical Evaluation - Commissioner's Designation of Health Facility MS Word 32 KB

Notice to Person Who Owns or Controls Property: Quarantine of Property MS Word 38 KB

Order Declaring an Area Quarantine MS Word 27 KB

Order for Collection of Information on Detained Common Carrier MS Word 46 KB

One-page Summaries of Disaster-Related Legal Issues Prepared by the DSHS Office of General Counsel:

Liability of State Government Employees MS Word 28 KB

Liability of Local Government Employees MS Word 28 KB

Liability of Volunteers for Government Agencies MS Word 26 KB

Liability of Volunteers for Non-Profit Agencies MS Word 28KB

Liability Under Interlocal Agreements Concerning Homeland Security MS Word 29 KB

Disclosure of Protected Health Information to Government to Locate Persons MS Word 28 KB

Exceptions That Allow Disclosure of Protected Health Information Under HIPAA MS Word 28 KB

Consent for Nonemergency Medical Care of a Minor in a Disaster MS Word 28 KB

Consent for Emergency Medical Care of a Minor in a Disaster MS Word 27 KB

Consent to Immunization of a Minor in a Disaster MS Word 28 KB

Area Quarantine: Radioactive Substances MS Word 26 KB

Area Quarantine for Toxic Substances MS Word 27 KB

Practice of Out-of-State Counselors During a Disaster MS Word 38 KB

Health Facility Licensing in the Event of a Disaster MS Word 27 KB

Emergency Room Closures During a Disaster MS Word 26 KB

Issuance of Death Certificates in a Disaster MS Word 28 KB

 

Summary of Statutory Provisions Affecting the Liability of Providers in a Public Health Emergency (Updated April 20, 2006)
MS Word 92 KB

Frequently Asked Legal Questions on the Confidentiality of Terrorism Documents (Current as of April 27, 2006)
MS Word 36 KB

Attorney General Open Records Letter Opinions Concerning Terrorism or Terrorist Activities (Updated May 2007)
MS Word 222 KB

Web Sources for Public Health Law and Legal Preparedness:

Texas Health and Safety Code, Chapter 81: Communicable Disease Act
http://tlo2.tlc.state.tx.us/statutes/hs.toc.htm

DSHS Local and Regional Services website – Local Health Authority
http://www.dshs.state.tx.us/rls/lha/default.shtm

Texas Government Code, Chapter 418: Texas Disaster Act
http://tlo2.tlc.state.tx.us/statutes/gv.toc.htm

Texas Health and Safety Code, Chapter 778: Texas Emergency Management Assistance Compact (EMAC)
http://www.capitol.state.tx.us/statutes/hs.toc.htm
http://www.emacweb.org/ (national EMAC website)

Home page of the CDC’s Public Health Law Program (Federal)
http://www2a.cdc.gov/phlp/

SARS Information for Public Health Lawyers (CDC, Federal)
http://www.cdc.gov/ncidod/sars/lawyers.htm

The Center for Law and the Public’s Health at Georgetown and Johns Hopkins Universities
http://www.publichealthlaw.net/

The Model State Emergency Health Powers Act
http://www.publichealthlaw.net/MSEHPA/MSEHPA2.pdf

Public Health Law Statute Modernization, Turning Point
http://turningpointprogram.org/Pages/ph_stat_mod.html

External links to other sites are intended to be informational and do not have the endorsement of the Texas Department of State Health Services. These sites may also not be accessible to people with disabilities.