Law:Title 2. Health. Subtitle D. Prevention, Control, And Reports Of Diseases from Chapter 93. Prevention Of Cardiovascular Disease And Stroke (Texas)

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Subtitle D. Prevention, Control, And Reports Of Diseases

Contents

Chapter 93. Prevention Of Cardiovascular Disease And Stroke

Subchapter A. General Provisions

Section  93.001.  Definitions.

In this chapter:

(1)  "Cardiovascular disease" means the group of diseases that target the heart and blood vessels and that are the result of complex interactions between multiple inherited traits and environmental factors.

(2)  "Council" means the Council on Cardiovascular Disease and Stroke.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.



Section 93.002.  Appointment Of Council; Terms Of Members.

(a) The Council on Cardiovascular Disease and Stroke is composed of:

(1)  11 public members appointed by the governor, with the advice and consent of the senate, as follows:

(A)  a licensed physician with a specialization in cardiology;

(B)  a licensed physician with a specialization in neurology to treat stroke;

(C)  a licensed physician employed in a primary care setting;

(D)  a registered nurse with a specialization in quality improvement practices for cardiovascular disease and stroke;

(E)  a registered and licensed dietitian;

(F)  two persons with experience and training in public health policy, research, or practice;

(G)  two consumer members, with special consideration given to persons actively participating in the Texas affiliates of the American Heart Association or American Stroke Association, managed care, or hospital or rehabilitation settings; and

(H)  two members from the general public that have or care for persons with cardiovascular disease or stroke; and

(2)  one nonvoting member representing each of the state agencies that oversee:

(A)  health services;

(B)  education;

(C)  assistive and rehabilitative services; and

(D)  aging and disability services.

(b)  In appointing public members under Subsection (a)(1), the governor shall attempt to appoint female members and members of different minority groups, including African Americans, Hispanic Americans, Native Americans, and Asian Americans.

(c)  The head of each agency overseeing services listed in Subsection (a)(2) shall appoint the agency's representative nonvoting member.

(d)  Public members of the council serve staggered six-year terms, with the terms of three or four of the public members expiring February 1 of each odd-numbered year.  A nonvoting member representing a state agency serves at the will of the appointing agency.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 6.01, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 732, Sec. 1, eff. September 1, 2005.



Section 93.003.  Reimbursement.

(a) Except as provided by Subsection (b), a member of the council may be reimbursed for travel expenses incurred while conducting the business of the council at the same rate provided for state employees in the General Appropriations Act, provided funds are appropriated to the department for this purpose.

(b)  If funds are not appropriated to support reimbursement of travel expenses, the commissioner may authorize reimbursement of the travel expenses incurred by a member while conducting the business of the council, as provided in the General Appropriations Act, if the commissioner finds on application of the member that travel for council business imposes a financial hardship on the member.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 732, Sec. 2, eff. September 1, 2005.



Section  93.004.  Duties Of Department; Funds.

The department shall accept funds appropriated for the purposes of this chapter and shall allocate those funds. The council shall make recommendations to the department concerning the allocation of funds.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.



Section  93.005.  Consultants; Advisory Committee.

To advise and assist the council with respect to the council's duties under this chapter, the council may appoint one or more:

(1)  consultants to the council; or

(2)  advisory committees under Chapter 2110, Government Code.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.



Section 93.006.  Report To Legislature.

(a) Repealed by Acts 2005, 79th Leg., Ch. 732, Sec. 7, eff. September 1, 2005.

(b)  Not later than January 15 of each year, the council shall report to the governor, the lieutenant governor, and the speaker of the house of representatives on the activities of the council, accounting for all funds received and disbursed by or for the council during the preceding fiscal year.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 732, Sec. 3, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 732, Sec. 4, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 732, Sec. 7, eff. September 1, 2005.



Section 93.007.  Restrictions On Council Appointment, Membership, Or Employment.

(a) A person is not eligible to serve as a public member 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 funds at the council's direction;

(2)  owns or controls directly or indirectly more than a 10 percent interest in a business entity or other organization receiving funds at the council's direction; or

(3)  uses or receives a substantial amount of tangible goods, services, or funds from the department at the council's direction, other than compensation or reimbursement authorized by law for council membership, attendance, or expenses.

(b)  A person who is required to register as a lobbyist under Chapter 305, Government Code, may not serve as a member of the council or act as the general counsel of the council.

(c)  An officer, employee, or paid consultant of a trade association in the field of health care may not be a member or employee of the council.  A person who is the spouse of an officer, employee, or paid consultant of a trade association in the field of health care may not be a member of the council and may not be an employee, including an employee exempt from the state's position classification plan, who is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.

(d)  For purposes of Subsection (c), a trade association is a nonprofit, cooperative, and voluntary association of business or professional competitors designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interests.

Added by Acts 2005, 79th Leg., Ch. 732, Sec. 5, eff. September 1, 2005.



Section 93.008.  Removal Of Council Member.

(a) It is a ground for removal from the council if a member:

(1)  is not eligible for appointment to the council at the time of appointment as provided by Section 93.007(a);

(2)  is not eligible to serve on the council as provided by Section 93.007(a);

(3)  violates a prohibition established by Section 93.007(b) or (c);

(4)  cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or

(5)  is absent from more than half of the regularly scheduled council meetings that the member is eligible to attend during each calendar year, unless the absence is excused by a majority vote of the council.

(b)  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 member of the council exists.

(c)  If the presiding officer of the council knows that a potential ground for removal exists, the presiding officer shall notify the governor of its existence.

(d)  The council shall inform its members as often as necessary of:

(1)  the qualifications for office prescribed by this chapter; and

(2)  the responsibilities under applicable laws relating to standards of conduct for state officers or employees.

Added by Acts 2005, 79th Leg., Ch. 732, Sec. 5, eff. September 1, 2005.



Section 93.009.  Presiding Officer.

The governor shall designate a member of the council as the presiding officer of the council to serve in that capacity at the will of the governor.

Added by Acts 2005, 79th Leg., Ch. 732, Sec. 5, eff. September 1, 2005.



Section 93.010.  Staff Support.

Each agency represented on the council:

(1)  shall provide the council with staff support of specialists as needed; and

(2)  may provide staff support to an advisory committee.

Added by Acts 2005, 79th Leg., Ch. 732, Sec. 5, eff. September 1, 2005.



Section 93.011.  Division Of Policy And Management Responsibilities.

The council shall develop and implement policies that clearly separate the policy-making responsibilities of the council and the management responsibilities of the commissioner and staff of the department.

Added by Acts 2005, 79th Leg., Ch. 732, Sec. 5, eff. September 1, 2005.



Section 93.012.  Meetings.

(a) The council shall meet at least quarterly and shall adopt rules for the conduct of its meetings.

(b)  An action taken by the council must be approved by a majority of the voting members present.

Added by Acts 2005, 79th Leg., Ch. 732, Sec. 5, eff. September 1, 2005.



Section 93.013.  Gifts And Grants. (a)

The council may receive gifts and grants from any public or private source to perform its duties under this chapter.  The department shall accept the gifts on behalf of the council and shall deposit any funds accepted under this section to the credit of a special account in the general revenue fund as required by Section 93.014.

(b)  The department may retain five percent of any monetary gifts accepted on behalf of the council to cover its costs in administering this section.

Added by Acts 2005, 79th Leg., Ch. 732, Sec. 5, eff. September 1, 2005.



Section 93.014.  Heart Disease And Stroke Resource Fund.

(a) The heart disease and stroke resource fund is an account of the general revenue fund.

(b)  The legislature may appropriate money deposited to the credit of the heart disease and stroke resource fund only to the council for:

(1)  heart disease and stroke prevention, research, and medical care for heart attack and stroke victims; and

(2)  grants to nonprofit heart disease and stroke organizations.

(c)  The council shall develop a policy governing the award of funds for clinical research that follows scientific peer review guidelines for primary and secondary prevention of heart disease or stroke or that follows other review procedures that are designed to distribute those funds on the basis of scientific merit.

(d)  Interest earned from the investment of the heart disease and stroke resource fund shall be deposited to the credit of the fund.

Added by Acts 2005, 79th Leg., Ch. 732, Sec. 5, eff. September 1, 2005.



Subchapter B. Powers And Duties Of Council

Section 93.051.  Cardiovascular Disease And Stroke Prevention Plan;  Duties Of Council.

(a) The council shall develop an effective and resource-efficient plan to reduce the morbidity, mortality, and economic burden of cardiovascular disease and stroke in this state.  The council shall:

(1)  conduct health education, public awareness, and community outreach activities that relate to primary and secondary prevention of cardiovascular disease and stroke;

(2)  promote, enhance, and coordinate health education, public awareness, and community outreach activities that relate to primary and secondary prevention of cardiovascular disease and stroke and that are provided by private and other public organizations;

(3)  coordinate activities with other entities that are concerned with medical conditions that are similar to cardiovascular disease and stroke or that have similar risk factors;

(4)  identify to health care providers, employers, schools, community health centers, and other groups the benefits of encouraging treatment, primary and secondary prevention, and public awareness of cardiovascular disease and stroke and recognize innovative and effective programs that achieve the objectives of improved treatment, prevention, and public awareness;

(5)  provide guidance regarding the roles and responsibilities of government agencies, health care providers, employers, third-party payers, patients, and families of patients in the treatment, primary and secondary prevention, and public awareness of cardiovascular disease and stroke;

(6)  improve access to treatment for and primary and secondary prevention of cardiovascular disease and stroke through public awareness programs, including access for uninsured individuals and individuals living in rural or underserved areas;

(7)  assist communities to develop comprehensive local cardiovascular disease and stroke prevention programs;

(8)  assist the Texas Education Agency and local school districts to promote a public school curriculum that includes physical, nutritional, and health education relating to cardiovascular disease and stroke prevention;

(9)  establish appropriate forums, programs, or initiatives designed to educate the public regarding the impact of heart disease and stroke on women's health, with an emphasis on preventive health and healthy lifestyles; and

(10)  evaluate and enhance the implementation and effectiveness of the program developed under this chapter.

(b)  The council shall make written recommendations for performing its duties under this chapter to the department and the legislature.

(c)  The council shall advise the legislature on legislation that is needed to develop further and maintain a statewide system of quality education services for all persons with cardiovascular disease or stroke.  The council may develop and submit legislation to the legislature or comment on pending legislation that affects persons with cardiovascular disease and stroke.

(d)  The council shall collaborate with the Governor's EMS and Trauma Advisory Council, the American Stroke Association, and other stroke experts to make recommendations to the department for rules on the recognition and rapid transportation of stroke patients to health care facilities capable of treating strokes 24 hours a day and recording stroke patient outcomes.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 732, Sec. 6, eff. September 1, 2005.



Section  93.052.  Database Of Clinical Resources.

The council shall review available clinical resources and shall develop a database of recommendations for appropriate care and treatment of patients with cardiovascular disease or who have suffered from or are at risk for stroke. The council shall make the database accessible to the public.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.



Section  93.053.  Cardiovascular Disease And Stroke Database.

(a) The council shall collect and analyze information related to cardiovascular disease and stroke at the state and regional level and, to the extent feasible, at the local level. The council shall obtain the information from federal and state agencies and from private and public organizations. The council shall maintain a database of this information.

(b)  The database may include:

(1)  information related to behavioral risk factors identified for cardiovascular disease and stroke;

(2)  morbidity and mortality rates for cardiovascular disease and stroke; and

(3)  community indicators relevant to cardiovascular disease and stroke.

(c)  In compiling the database, the council may use information available from other sources, such as the Behavioral Risk Factor Surveillance System established by the Centers for Disease Control and Prevention, reports of hospital discharge data, and information included in death certificates.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.



Section  93.054.  Information Received From Another State Agency; Confidentiality.

(a) To perform its duties under this chapter, the council may request and receive information in the possession of any state agency. In addition to the restriction imposed by Subsection (b), information provided to the council under this subsection is subject to any restriction on disclosure or use of the information that is imposed by law on the agency from which the council obtained the information.

(b)  Information in the possession of the council that identifies a patient or that is otherwise confidential under law is confidential, is excepted from required public disclosure under Chapter 552, Government Code, and may not be disclosed for any purpose.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept. 1, 1999.


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