The following shall report cases of STD and HIV-exposed infants, as detailed in §97.133 of this title (relating to Reporting Information for Sexually Transmitted Diseases):

1. (1) A physician or dentist shall report each patient who has or is suspected of having an STD and/or is an HIV-exposed infant. A physician or dentist may designate an employee of the clinic, including a school based clinic or physician's/dentist's office, to serve as the reporting officer. However, it is ultimately the responsibility of the physician or dentist to ensure that the required reporting is submitted.

2. (2) The following persons shall report each person who has or is suspected of having an STD and/or is an HIV-exposed infant, if a report is not made as required by persons specified in paragraphs (1), and (3) - (5) of this section:

   1. (A) a professional registered nurse;
   2. (B) an administrator or director of a public or private temporary or permanent child-care facility (as defined in Title 40, Texas Administrative Code, Part 19, Chapter 746, Subchapter A, §746.105);
   3. (C) an administrator or director of a nursing facility (as defined in Title 40, Texas Administrative Code, Part 1, Chapter 18, Subchapter A, §18.2);
   4. (D) an administrator or director of a personal care facility (as defined in Title 40, Texas Administrative Code, Part 19, Chapter 705, Subchapter A, §705.1001);
   5. (E) an administrator or director of an adult day-care facility (as defined in Title 40, Texas Administrative Code, Part 1, Chapter 98, Subchapter A, §98.2(3));
   6. (F) an administrator or director of a maternity home (as defined in Texas Health and Safety Code, §249.001(3));
   7. (G) an administrator or director of an adult respite care center (as defined in Texas Health and Safety Code, §242.181(3));
   8. (H) an administrator of a home health agency (as defined in Texas Insurance Code, §1351.001(2));
   9. (I) an administrator or health official of a public or private institution of higher education;
   10. (J) an owner or manager of a restaurant, dairy, or other food handling or processing establishment or outlet;
   11. (K) a superintendent, manager, or health official of a public or private camp, home, or institution;
   12. (L) a parent, guardian, or householder;
   13. (M) a health professional;
   14. (N) an administrator or health official of a penal or correctional institution; or
   15. (O) emergency medical service personnel, a peace officer, or a firefighter.
3. (3) Any person in charge of a clinical laboratory, hospital laboratory, blood bank, mobile unit, or other facility in which a laboratory examination of a blood specimen, or any specimen derived from a human body, yields microscopic, cultural, serological or any other evidence of an STD shall report according to §97.133 of this title.
4. (4) The medical director or other physician responsible for the medical oversight of a testing program, as defined in Texas Health and Safety Code, §85.002, shall report each patient who has or is suspected of having an STD and/or is an HIV-exposed infant.
5. (5) A local school authority, as defined at Texas Health and Safety Code, §81.003, shall report a child attending school who is suspected, based on medical evidence, of having an STD and/or is an HIV-exposed infant.
6. (6) Failure to report a reportable disease is a Class B misdemeanor under the Texas Health and Safety Code, §81.049.

Source Note:The provisions of this §97.132 adopted to be effective January 1, 1999, 23 TexReg 12669; amended to be effective March 20, 2003, 28 TexReg 2335; amended to be effective January 1, 2010, 34 TexReg 9445.