1. (a) The following persons or their designees shall report in writing within ten working days all newly diagnosed cases or suspected cases of submersion injuries to the local health authority, or where there is no local health authority, the regional health authority:

   1. (1) a physician who diagnoses or treats a reportable injury or a suspected case of a reportable injury;
   2. (2) a medical examiner; or
   3. (3) justice of the peace.
2. (b) The reporting physician, medical examiner, or justice of the peace shall make the submersion report in writing on a form or forms prescribed by the Texas Department of Health (department).
3. (c) A local health authority or regional health authority shall transmit any reports of submersion injuries to the Bureau of Epidemiology, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3180, on a weekly basis.

4. (d) Transmission of submersion reports shall be made by mail, courier, or electronic transfer.

   1. (1) If by mail or courier, the reports shall be placed in a sealed envelope, marked "Confidential Medical Records," and addressed to the attention of the Injury Prevention and Control Program, Bureau of Epidemiology, Texas Department of Health.
   2. (2) If by electronic transmission by telephone, it shall be made in a manner and form authorized by the commissioner or his or her designee in each instance. Any electronic transmission of the reports must provide at least the same degree of protection against unauthorized disclosure as those of mail or courier transmission. The commissioner or his or her designee shall, before authorizing such transmission, establish guidelines for establishing and conducting such transmission.

5. (e) The following entities or their designees shall report all newly diagnosed cases or suspected cases of spinal cord injuries and traumatic brain injuries to the department:

   1. (1) a physician who diagnoses or treats a spinal cord injury or a traumatic brain injury or a suspected case of a spinal cord injury or a traumatic brain injury;
   2. (2) a medical examiner;
   3. (3) justice of the peace;
   4. (4) a hospital that admits a patient with a spinal cord injury or a traumatic brain injury or a suspected case of a spinal cord injury or a traumatic brain injury; or
   5. (5) an acute or post-acute rehabilitation facility that admits or treats a patient with a spinal cord injury or a traumatic brain injury or a suspected case of a spinal cord injury or a traumatic brain injury.
6. (f) The reporting physician, medical examiner, justice of the peace, or acute or post-acute rehabilitation facility shall make the spinal cord injury report or the traumatic brain injury report (excluding reports of traumatic brain injuries caused by anoxia due to near drowning) in writing on a form or forms prescribed by the department within ten working days. A physician shall be exempt from reporting if a hospital admitted the patient and fulfilled the reporting requirements as stated in subsection (g) of this section.
7. (g) The reporting hospital shall report the spinal cord injury or the traumatic brain injury (excluding traumatic brain injuries caused by anoxia due to near drowning) through electronic transmission via modem to the department's State Trauma Registry on at least a quarterly basis as described in Chapter 773 of the Health and Safety Code.
8. (h) All entities listed in subsection (e)(1)-(5) of this section shall report a traumatic brain injury caused by anoxia due to near drowning as a submersion injury in the manner described in subsections (a)-(d) of this section.
9. (i) The department shall provide annual summary data to the local and regional health authorities.
10. (j) The department may contact a medical examiner, justice of the peace, physician, hospital, or acute or post-acute rehabilitation facility attending a person with a case or suspected case of a reportable injury.

Source Note:The provisions of this §103.4 adopted to be effective March 1, 1994, 19 TexReg 1104; amended to be effective October 1, 1998, 23 TexReg 7806.