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.