HBA-JRA S.B. 519 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 519
By: Zaffirini
Public Health
4/30/1999
Engrossed



BACKGROUND AND PURPOSE 

Hepatitis B is a chronic liver disease that can be passed from mother to
child during pregnancy. Prenatal testing can ensure that pregnant women
carrying the hepatitis B virus are identified, as well as provide for
medical follow-up and immunization of their infants. Currently, a doctor or
other authorized person is mandated to take a blood sample from a pregnant
woman and submit it to a laboratory for syphilis and HIV testing.  S.B. 519
adds hepatitis B test to the list of medical conditions for which a
physician or authorized person attending a pregnant woman during gestation
or delivery must test.  Additionally, the bill requires medical information
relating to hepatitis B and syphilis to be supplied to those individuals
who test positive for those medical conditions. 

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 Sections 81.090(a), (c), (k), (m), and (n), Health and
Safety Code, as follows: 

(a)  Includes a standard serologic test for hepatitis B infection approved
by the Texas Board of Health (board) among a list of tests to be conducted
on blood samples which are to be sent to a laboratory approved under this
section, as required by a physician or other person permitted by law to
attend a pregnant woman during gestation or at the delivery of an infant.
Makes a nonsubstantive change. 

(c)  Requires a physician or other person in attendance at a delivery to
take or cause to be taken a blood sample from the mother on admission for
delivery, rather than from the mother or from the umbilical cord of the
infant within 24 hours.  Makes conforming and nonsubstantive changes. 

(k)  Includes hepatitis B among those diseases about which the health care
provider is required to distribute printed materials to the patient prior
to taking the blood sample.   

(m)  Includes hepatitis B and syphilis among those diseases about which, if
a screening test and a confirmatory test conducted under this section show
that a woman is or may be infected with it, the physician or other person
who submitted the sample for the test is required to provide or make
available to the woman disease-specific information on the disease
diagnosed.  Provides that counseling under Section 81.109 (Counseling
Required for Positive Test Results), Health and Safety Code, is to be made
available to the woman if HIV infection or AIDS is diagnosed.  Makes
conforming and nonsubstantive changes. 

(n)  Makes a conforming change. 

SECTION 2.  Effective date: September 1, 1999.
 Makes application of this Act prospective.

SECTION 3.  Emergency clause.