HBA-JRA H.B. 1652 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1652
By: Maxey
Public Health
7/22/1999
Enrolled



BACKGROUND AND PURPOSE 

Based on national prevalence data, the Texas Department of Health (TDH)
estimates that as many as 350,000 Texans may be infected with the hepatitis
C virus.  Hepatitis C virus infects the liver and develops into a chronic
illness in approximately 85 percent of infected persons.  It is transmitted
in infected blood or blood products.  Because it does not cause any
symptoms when first transmitted, many infected people may not know that
they carry the hepatitis C virus.  Diagnostic testing for the presence of
the virus can be expensive and is not readily available to the public
sector.  Without widespread testing and diagnosis, persons who are
hepatitis C-positive may not be able to improve their health outcomes and
reduce the risk of transmission through lifestyle changes.  H.B. 1652
requires TDH to conduct impact studies of the virus in Texas, provide
training to staff  to offer hepatitis C virus testing at sites currently
testing for HIV, and expand prevention and education efforts. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle D, Title 2, Health and Safety Code, by adding
Chapter 93, as follows: 

CHAPTER 93.  EDUCATION AND PREVENTION PROGRAM FOR HEPATITIS C

Sec. 93.001.  HEPATITIS C EDUCATION AND PREVENTION PROGRAM.  Requires the
Texas Department of Health (TDH) to develop a program to heighten awareness
and enhance knowledge and understanding of hepatitis C.  Requires TDH to
conduct a study of the current and future of hepatitis C on this state;
conduct activities to promote public awareness of risk factors, the value
of early detection, available screening services, and available treatment
options for hepatitis C; provide training to public health clinic staff
regarding treatment, detection, and methods of transmission of hepatitis C;
communicate to health care providers and employers the benefits of disease
awareness and prevention; and develop a prevention program to reduce the
risk of transmission of hepatitis C. 

Sec. 93.002.  DEPARTMENT VOLUNTARY TESTING PROGRAMS.  (a)  Requires TDH to
establish voluntary hepatitis C testing programs providing confidential
counseling and testing at facilities already providing voluntary HIV
testing in each public health region. 

(b)  Authorizes TDH to contract with public and private entities to perform
the testing as necessary according to local circumstances. 

(c)  Prohibits test results from being used for insurance purposes, to
screen or determine suitability for employment, or to terminate a person's
employment. 

(d)  Provides that a person who intentionally violates Subsection (c) is
liable to the person injured by the violation, who may bring a civil action
for damages and recover from the violator of Subsection (c) the greater of
$1,000 or actual damages, and reasonable  attorney's fees for each
violation. 

(e)  Authorizes a person to bring an action to restrain a violation or
threatened violation of Subsection (c), in addition to the remedies
provided above. 

Sec. 93.003.  TRAINING OF COUNSELORS.  (a)  Requires TDH to develop and
offer a hepatitis C counseling training course.  Provides that the course
must include information relating to the special needs of persons with
positive hepatitis C test results, including the importance of early
intervention and treatment and recognition of psychosocial needs. 

(b)  Requires TDH to maintain a registry of persons who successfully
complete the training course. 

(c)  Authorizes TDH to charge a fee for the course to persons other than
employees of entities receiving state or federal funds for hepatitis C
counseling and testing program through a contract with TDH.  Requires the
Texas Board of Health to set the fee in an amount necessary to cover the
costs of providing the course. 

(d)  Authorizes TDH to contract for the training of counselors.

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Provides that this Act takes effect only if a specific
appropriation for the implementation of this Act is provided in H.B. 1
(General Appropriations Act), Acts of the 76th Legislature, Regular
Session, 1999. 

SECTION 4.  Emergency clause.