Texas Statutes
Subtitle H - Public Health Provisions
Chapter 161 - Public Health Provisions

Section 161.0001. Definitions - Sec. 161.0001. DEFINITIONS. In this subchapter: (1) "Data elements" means...

Section 161.001. Liability of Person Who Orders or Administers Immunization - Sec. 161.001. LIABILITY OF PERSON WHO ORDERS OR ADMINISTERS IMMUNIZATION....

Section 161.002. Inadmissibility of Immunization Survey Information - Sec. 161.002. INADMISSIBILITY OF IMMUNIZATION SURVEY INFORMATION. Information obtained from...

Section 161.003. Immunization Reminder Notices - Sec. 161.003. IMMUNIZATION REMINDER NOTICES. (a) In a program administered...

Section 161.004. Statewide Immunization of Children - Sec. 161.004. STATEWIDE IMMUNIZATION OF CHILDREN. (a) Every child in...

Section 161.0041. Immunization Exemption Affidavit Form - Sec. 161.0041. IMMUNIZATION EXEMPTION AFFIDAVIT FORM. (a) A person claiming...

Section 161.005. Immunizations Required - Sec. 161.005. IMMUNIZATIONS REQUIRED. (a) On admission of a child...

Section 161.0051. Required Immunizations for Nursing Homes - Sec. 161.0051. REQUIRED IMMUNIZATIONS FOR NURSING HOMES. (a) This section...

Section 161.0052. Immunization of Elderly Persons by Hospitals, End Stage Renal Disease Facilities, and Physicians' Offices - Sec. 161.0052. IMMUNIZATION OF ELDERLY PERSONS BY HOSPITALS, END STAGE...

Section 161.006. Department Immunization Service - Sec. 161.006. DEPARTMENT IMMUNIZATION SERVICE. The department, to the extent...

Section 161.007. Immunization Registry; Reports to Department - Sec. 161.007. IMMUNIZATION REGISTRY; REPORTS TO DEPARTMENT. (a) The department,...

Section 161.00705. Recording Administration of Immunization and Medication for Disasters and Emergencies - Sec. 161.00705. RECORDING ADMINISTRATION OF IMMUNIZATION AND MEDICATION FOR DISASTERS...

Section 161.00706. First Responder Immunization Information - Sec. 161.00706. FIRST RESPONDER IMMUNIZATION INFORMATION. (a) A person 18...

Section 161.00707. Information and Education for First Responders - Sec. 161.00707. INFORMATION AND EDUCATION FOR FIRST RESPONDERS. The department...

Section 161.00708. Access to First Responder Immunization History - Sec. 161.00708. ACCESS TO FIRST RESPONDER IMMUNIZATION HISTORY. (a) The...

Section 161.0071. Notice of Receipt of Registry Data; Exclusion From Registry - Sec. 161.0071. NOTICE OF RECEIPT OF REGISTRY DATA; EXCLUSION FROM...

Section 161.0072. Providing Immunization Information to Department - Sec. 161.0072. PROVIDING IMMUNIZATION INFORMATION TO DEPARTMENT. (a) If the...

Section 161.0073. Registry Confidentiality - Sec. 161.0073. REGISTRY CONFIDENTIALITY. (a) Except as provided by Sections...

Section 161.00735. Release and Receipt of Registry Data in Disaster - Sec. 161.00735. RELEASE AND RECEIPT OF REGISTRY DATA IN DISASTER....

Section 161.0074. Report to Legislature - Sec. 161.0074. REPORT TO LEGISLATURE. (a) The department shall report...

Section 161.0075. Immunity From Liability - Sec. 161.0075. IMMUNITY FROM LIABILITY. Except as provided by Section...

Section 161.0076. Compliance With Federal Law - Sec. 161.0076. COMPLIANCE WITH FEDERAL LAW. If the provisions of...

Section 161.008. Immunization Record - Sec. 161.008. IMMUNIZATION RECORD. (a) An immunization record is part...

Section 161.0085. Covid-19 Vaccine Passports Prohibited - Sec. 161.0085. COVID-19 VACCINE PASSPORTS PROHIBITED. (a) In this section,...

Section 161.009. Penalties for Disclosure of Information - Sec. 161.009. PENALTIES FOR DISCLOSURE OF INFORMATION. (a) A person...

Section 161.0095. Education Programs and Information - Sec. 161.0095. EDUCATION PROGRAMS AND INFORMATION. (a) The department shall...

Section 161.010. Immunization Education; Statewide Coalition - Sec. 161.010. IMMUNIZATION EDUCATION; STATEWIDE COALITION. (a) The department shall...

Section 161.0101. Increase Immunization Awareness - Sec. 161.0101. INCREASE IMMUNIZATION AWARENESS. (a) The department shall develop...

Section 161.01035. Provider Choice System - Sec. 161.01035. PROVIDER CHOICE SYSTEM. (a) The department shall implement...

Section 161.0104. Disaster Preparation - Sec. 161.0104. DISASTER PREPARATION. The department shall consult with public...

Section 161.0105. Limitation on Liability - Sec. 161.0105. LIMITATION ON LIABILITY. (a) A health care provider...

Section 161.0106. Respiratory Syncytial Virus; Immunization - Sec. 161.0106. RESPIRATORY SYNCYTIAL VIRUS; IMMUNIZATION. As part of the...

Section 161.0107. Electronic Medical Records Systems - Sec. 161.0107. ELECTRONIC MEDICAL RECORDS SYSTEMS. (a) In this section:...

Section 161.0108. Injunction - Sec. 161.0108. INJUNCTION. (a) The attorney general may bring an...

Section 161.0109. Human Papillomavirus; Vaccines Education Materials - Sec. 161.0109. HUMAN PAPILLOMAVIRUS; VACCINES EDUCATION MATERIALS. (a) The department,...

Subchapter B. Health Inspection of Private Residence

Section 161.011. Permission Required - Sec. 161.011. PERMISSION REQUIRED. A person, including an officer or...

Section 161.012. Criminal Penalties - Sec. 161.012. CRIMINAL PENALTIES. (a) A person commits an offense...

Subchapter C. Provision of Information Relating to Certain Health Conditions

Section 161.021. Authorization to Provide Information; Use of Information; Liability - Sec. 161.021. AUTHORIZATION TO PROVIDE INFORMATION; USE OF INFORMATION; LIABILITY....

Section 161.0211. Epidemiologic or Toxicologic Investigations - Sec. 161.0211. EPIDEMIOLOGIC OR TOXICOLOGIC INVESTIGATIONS. (a) Under its duty...

Section 161.0212. Right of Entry - Sec. 161.0212. RIGHT OF ENTRY. To conduct an epidemiologic or...

Section 161.0213. Confidentiality - Sec. 161.0213. CONFIDENTIALITY. Reports, records, and information furnished to the...

Section 161.022. Use and Publication Restrictions; Confidentiality - Sec. 161.022. USE AND PUBLICATION RESTRICTIONS; CONFIDENTIALITY. (a) The department,...

Section 161.023. No Liability for Reports to Medical Committee - Sec. 161.023. NO LIABILITY FOR REPORTS TO MEDICAL COMMITTEE. (a)...

Section 161.024. Application to Health Maintenance Organization - Sec. 161.024. APPLICATION TO HEALTH MAINTENANCE ORGANIZATION. This subchapter does...

Subchapter D. Medical Committees, Medical Peer Review Committees, and Compliance Officers

Section 161.031. Medical Committee Defined - Sec. 161.031. MEDICAL COMMITTEE DEFINED. (a) In this subchapter, "medical...

Section 161.0315. Authority of Governing Body to Form Committee to Evaluate Medical and Health Care Services - Sec. 161.0315. AUTHORITY OF GOVERNING BODY TO FORM COMMITTEE TO...

Section 161.032. Records and Proceedings Confidential - Sec. 161.032. RECORDS AND PROCEEDINGS CONFIDENTIAL. (a) The records and...

Section 161.033. Immunity for Committee Members - Sec. 161.033. IMMUNITY FOR COMMITTEE MEMBERS. A member of a...

Subchapter E. Reports of Gunshot Wounds and Controlled Substance Overdoses

Section 161.041. Mandatory Reporting of Gunshot Wounds - Sec. 161.041. MANDATORY REPORTING OF GUNSHOT WOUNDS. A physician who...

Section 161.042. Mandatory Reporting of Controlled Substance Overdoses - Sec. 161.042. MANDATORY REPORTING OF CONTROLLED SUBSTANCE OVERDOSES. (a) A...

Section 161.043. Criminal Penalty - Sec. 161.043. CRIMINAL PENALTY. (a) A person commits an offense...

Section 161.044. Controlled Substance Overdose Information Repository - Sec. 161.044. CONTROLLED SUBSTANCE OVERDOSE INFORMATION REPOSITORY. (a) The department...

Subchapter F. Disclosure of Certain Agreements for Payment of Laboratory Tests

Section 161.061. Laboratory Information Required - Sec. 161.061. LABORATORY INFORMATION REQUIRED. (a) A person licensed in...

Section 161.062. Grounds for License Denial - Sec. 161.062. GROUNDS FOR LICENSE DENIAL. The agency responsible for...

Subchapter G. Human Milk Banks

Section 161.071. Minimum Guidelines for Human Donor Milk Banks - Sec. 161.071. MINIMUM GUIDELINES FOR HUMAN DONOR MILK BANKS. The...

Subchapter H. Distribution of Cigarettes, E-Cigarettes, or Tobacco Products

Section 161.081. Definitions - Sec. 161.081. DEFINITIONS. In this subchapter: (1) "Cigarette" has the...

Section 161.0815. Nonapplicability - Sec. 161.0815. NONAPPLICABILITY. This subchapter does not apply to a...

Section 161.082. Sale of Cigarettes, E-Cigarettes, or Tobacco Products to Persons Younger Than 21 Years of Age Prohibited; Proof of Age Required - Sec. 161.082. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO...

Section 161.0825. Use of Certain Electronically Readable Information - Sec. 161.0825. USE OF CERTAIN ELECTRONICALLY READABLE INFORMATION. (a) In...

Section 161.083. Sale of Cigarettes, E-Cigarettes, or Tobacco Products to Persons Younger Than 30 Years of Age - Sec. 161.083. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO...

Section 161.084. Warning Notice - Sec. 161.084. WARNING NOTICE. (a) Each person who sells cigarettes,...

Section 161.085. Notification of Employees and Agents - Sec. 161.085. NOTIFICATION OF EMPLOYEES AND AGENTS. (a) Each retailer...

Section 161.086. Vendor Assisted Sales Required; Vending Machines - Sec. 161.086. VENDOR ASSISTED SALES REQUIRED; VENDING MACHINES. (a) Except...

Section 161.087. Distribution of Cigarettes, E-Cigarettes, or Tobacco Products - Sec. 161.087. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS. (a)...

Section 161.0875. Sale of E-Cigarette Nicotine Containers - Sec. 161.0875. SALE OF E-CIGARETTE NICOTINE CONTAINERS. (a) A person...

Section 161.088. Enforcement; Unannounced Inspections - Sec. 161.088. ENFORCEMENT; UNANNOUNCED INSPECTIONS. (a) The comptroller shall enforce...

Section 161.089. Preemption of Local Law - Sec. 161.089. PREEMPTION OF LOCAL LAW. (a) Except as provided...

Section 161.090. Reports of Violation - Sec. 161.090. REPORTS OF VIOLATION. A local or state law...

Section 161.0901. Disciplinary Action Against Cigarette, E-Cigarette, and Tobacco Product Retailers - Sec. 161.0901. DISCIPLINARY ACTION AGAINST CIGARETTE, E-CIGARETTE, AND TOBACCO PRODUCT...

Section 161.0902. E-Cigarette Report - Sec. 161.0902. E-CIGARETTE REPORT. (a) Not later than January 5th...

Section 161.0903. Use of Certain Revenue - Sec. 161.0903. USE OF CERTAIN REVENUE. Revenue from fees collected...

Subchapter J. Exposure to Lead

Section 161.101. Tests for Exposure to Lead - Sec. 161.101. TESTS FOR EXPOSURE TO LEAD. (a) At the...

Subchapter K. Prohibition of Certain Cigarette or Tobacco Product Advertising; Fee

Section 161.121. Definitions - Sec. 161.121. DEFINITIONS. In this subchapter: (1) "Church" means a...

Section 161.122. Prohibition Relating to Certain Signs; Exceptions - Sec. 161.122. PROHIBITION RELATING TO CERTAIN SIGNS; EXCEPTIONS. (a) Except...

Section 161.123. Advertising Fee - Sec. 161.123. ADVERTISING FEE. (a) A purchaser of advertising is...

Section 161.125. Administrative Penalty - Sec. 161.125. ADMINISTRATIVE PENALTY. (a) The comptroller by order may...

Subchapter L. Abuse, Neglect, and Unprofessional or Unethical Conduct in Health Care Facilities

Section 161.131. Definitions - Sec. 161.131. DEFINITIONS. In this subchapter: (1) "Abuse" has the...

Section 161.132. Reports of Abuse and Neglect or of Illegal, Unprofessional, or Unethical Conduct - Sec. 161.132. REPORTS OF ABUSE AND NEGLECT OR OF ILLEGAL,...

Section 161.133. Inservice Training - Sec. 161.133. INSERVICE TRAINING. (a) The executive commissioner by rule...

Section 161.134. Retaliation Against Employees Prohibited - Sec. 161.134. RETALIATION AGAINST EMPLOYEES PROHIBITED. (a) A hospital, mental...

Section 161.135. Retaliation Against Nonemployees Prohibited - Sec. 161.135. RETALIATION AGAINST NONEMPLOYEES PROHIBITED. (a) A hospital, mental...

Section 161.136. Brochure Relating to Sexual Exploitation - Sec. 161.136. BROCHURE RELATING TO SEXUAL EXPLOITATION. (a) A state...

Section 161.137. Penalties - Sec. 161.137. PENALTIES. In addition to the penalties prescribed by...

Subchapter M. Medical or Mental Health Records

Section 161.201. Definition - Sec. 161.201. DEFINITION. In this subchapter, "health care provider" means...

Section 161.202. Fees - Sec. 161.202. FEES. (a) A health care provider or health...

Section 161.203. Distribution of Records - Sec. 161.203. DISTRIBUTION OF RECORDS. A health care provider or...

Section 161.204. Application of Other Law - Sec. 161.204. APPLICATION OF OTHER LAW. This subchapter controls over...

Subchapter N. E-Cigarette and Tobacco Use by Minors

Section 161.251. Definitions - Sec. 161.251. DEFINITIONS. In this subchapter: (1) "Cigarette" has the...

Section 161.252. Possession, Purchase, Consumption, or Receipt of Cigarettes, E-Cigarettes, or Tobacco Products by Minors Prohibited - Sec. 161.252. POSSESSION, PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES, E-CIGARETTES,...

Section 161.253. E-Cigarette and Tobacco Awareness Program; Community Service - Sec. 161.253. E-CIGARETTE AND TOBACCO AWARENESS PROGRAM; COMMUNITY SERVICE. (a)...

Section 161.255. Expungement of Conviction - Sec. 161.255. EXPUNGEMENT OF CONVICTION. (a) An individual convicted of...

Section 161.256. Jurisdiction of Courts - Sec. 161.256. JURISDICTION OF COURTS. A justice court or municipal...

Section 161.257. Application of Other Law - Sec. 161.257. APPLICATION OF OTHER LAW. Title 3, Family Code,...

Subchapter O. Prevention of Tobacco and E-Cigarette Use by Minors

Section 161.301. Tobacco and E-Cigarette Use Public Awareness Campaign - Sec. 161.301. TOBACCO AND E-CIGARETTE USE PUBLIC AWARENESS CAMPAIGN. (a)...

Section 161.302. Grant Program for Youth Groups - Sec. 161.302. GRANT PROGRAM FOR YOUTH GROUPS. (a) The entity...

Subchapter P. Disclosure of Ingredients in Cigarettes and Tobacco Products

Section 161.351. Definitions - Sec. 161.351. DEFINITIONS. In this subchapter: (1) "Cigarette" has the...

Section 161.352. Report to Department - Sec. 161.352. REPORT TO DEPARTMENT. (a) Each manufacturer shall file...

Section 161.354. Public Information - Sec. 161.354. PUBLIC INFORMATION. (a) Except as provided by Subsections...

Section 161.355. Injunction - Sec. 161.355. INJUNCTION. (a) A district court, on petition of...

Section 161.356. Compliance With Federal Law - Sec. 161.356. COMPLIANCE WITH FEDERAL LAW. A person is considered...

Subchapter Q. Installation of Asbestos

Section 161.401. Definitions - Sec. 161.401. DEFINITIONS. In this subchapter: (1) "Asbestos" means the...

Section 161.402. Material Safety Data Sheet Required; Asbestos Installation or Reinstallation Prohibited - Sec. 161.402. MATERIAL SAFETY DATA SHEET REQUIRED; ASBESTOS INSTALLATION OR...

Section 161.403. Injunction - Sec. 161.403. INJUNCTION. (a) The attorney general or the appropriate...

Section 161.404. Civil Penalty - Sec. 161.404. CIVIL PENALTY. (a) A contractor who violates this...

Section 161.405. Recovery of Costs - Sec. 161.405. RECOVERY OF COSTS. The party bringing a suit...

Section 161.406. Administrative Penalty - Sec. 161.406. ADMINISTRATIVE PENALTY. (a) The department may impose an...

Section 161.407. Remedies Cumulative - Sec. 161.407. REMEDIES CUMULATIVE. The civil penalty, administrative penalty, and...

Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes

Section 161.451. Definitions - Sec. 161.451. DEFINITIONS. In this subchapter: (1) "Delivery sale" means...

Section 161.452. Requirements for Delivery Sales - Sec. 161.452. REQUIREMENTS FOR DELIVERY SALES. (a) A person may...

Section 161.453. Age Verification Requirement - Sec. 161.453. AGE VERIFICATION REQUIREMENT. (a) A person may not...

Section 161.454. Disclosure Requirements - Sec. 161.454. DISCLOSURE REQUIREMENTS. (a) The notice required by Section...

Section 161.456. Registration and Reporting Requirements - Sec. 161.456. REGISTRATION AND REPORTING REQUIREMENTS. (a) A person may...

Section 161.457. Collection of Taxes - Sec. 161.457. COLLECTION OF TAXES. A person who makes a...

Section 161.458. General Offenses - Sec. 161.458. GENERAL OFFENSES. (a) A person commits an offense...

Section 161.459. Knowing Violation - Sec. 161.459. KNOWING VIOLATION. (a) A person who knowingly violates...

Section 161.460. Civil Penalty for Nonpayment of Tax - Sec. 161.460. CIVIL PENALTY FOR NONPAYMENT OF TAX. A person...

Section 161.461. Forfeiture - Sec. 161.461. FORFEITURE. (a) Cigarettes or e-cigarettes sold or that...

Section 161.462. Enforcement - Sec. 161.462. ENFORCEMENT. The attorney general or the attorney general's...

Subchapter S. Allocation of Kidneys and Other Organs Available for Transplant

Section 161.471. Definitions - Sec. 161.471. DEFINITIONS. In this subchapter: (1) "Auxiliary aids and...

Section 161.472. Formation of Kidney Sharing Pool and Distribution to Longest Waiting Patients - Sec. 161.472. FORMATION OF KIDNEY SHARING POOL AND DISTRIBUTION TO...

Section 161.473. Discrimination on Basis of Disability Prohibited - Sec. 161.473. DISCRIMINATION ON BASIS OF DISABILITY PROHIBITED. (a) A...

Subchapter T. Information for Parents of Newborn Children

Section 161.501. Resource Pamphlet and Resource Guide Provided to Parents of Newborn Children - Sec. 161.501. RESOURCE PAMPHLET AND RESOURCE GUIDE PROVIDED TO PARENTS...

Section 161.502. Duties of Department, Executive Commissioner, and Commission - Sec. 161.502. DUTIES OF DEPARTMENT, EXECUTIVE COMMISSIONER, AND COMMISSION. (a)...

Section 161.503. Liability Not Created - Sec. 161.503. LIABILITY NOT CREATED. This subchapter does not create...

Subchapter U. Information Regarding Programs for Military Personnel and Their Families

Section 161.551. Definitions - Sec. 161.551. DEFINITIONS. (a) In this subchapter, "servicemember" means a...

Section 161.552. Directory of Services - Sec. 161.552. DIRECTORY OF SERVICES. (a) The department and commission...

Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies

Section 161.601. Purpose - Sec. 161.601. PURPOSE. The purpose of this subchapter is to:...

Section 161.602. Definitions - Sec. 161.602. DEFINITIONS. In this subchapter: (1) "Brand family" means...

Section 161.603. Fee Imposed - Sec. 161.603. FEE IMPOSED. (a) A fee is imposed on...

Section 161.604. Rate of Fee - Sec. 161.604. RATE OF FEE. (a) For cigarettes or cigarette...

Section 161.605. Distributor's Report and Payment of Monthly Fee - Sec. 161.605. DISTRIBUTOR'S REPORT AND PAYMENT OF MONTHLY FEE. (a)...

Section 161.606. Report to Attorney General Before Offering Non-Settling Manufacturer Cigarettes or Cigarette Tobacco Products for Sale or Distribution in This State - Sec. 161.606. REPORT TO ATTORNEY GENERAL BEFORE OFFERING NON-SETTLING MANUFACTURER...

Section 161.607. Penalties for Noncompliance - Sec. 161.607. PENALTIES FOR NONCOMPLIANCE. Cigarettes and cigarette tobacco products...

Section 161.608. Appointment of Agent for Service of Process - Sec. 161.608. APPOINTMENT OF AGENT FOR SERVICE OF PROCESS. A...

Section 161.609. Audit or Inspection - Sec. 161.609. AUDIT OR INSPECTION. The comptroller or attorney general...

Section 161.611. Revenue Deposited in General Revenue Fund - Sec. 161.611. REVENUE DEPOSITED IN GENERAL REVENUE FUND. The revenue...

Section 161.612. Released Claims - Sec. 161.612. RELEASED CLAIMS. All fees paid by a manufacturer...

Section 161.613. Application of Subchapter - Sec. 161.613. APPLICATION OF SUBCHAPTER. (a) This subchapter applies without...

Section 161.614. Rules - Sec. 161.614. RULES. The comptroller may issue rules and regulations...

Subchapter W. Information Regarding Down Syndrome

Section 161.651. Definitions - Sec. 161.651. DEFINITIONS. In this subchapter: (1) "Down syndrome" means...

Section 161.652. Information Regarding Down Syndrome - Sec. 161.652. INFORMATION REGARDING DOWN SYNDROME. (a) The department shall...

Section 161.653. Duty of Health Care Provider - Sec. 161.653. DUTY OF HEALTH CARE PROVIDER. (a) A health...

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Texas Statutes Subtitle H - Public Health Provisions Chapter 161 - Public Health Provisions

Texas Statutes
Subtitle H - Public Health Provisions
Chapter 161 - Public Health Provisions