HBA-JRA S.B. 99 76(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 99 By: Carona Public Health 5/7/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, Texas law prohibits a hospital from testing a patient for hepatitis B or hepatitis C without the patient's consent. This may cause a problem for a health care worker who is accidentally exposed to a patient's blood or other bodily fluids. S.B. 99 requires a hospital to test a patient for hepatitis B or hepatitis C without the patient's specific consent in a case of accidental exposure of a health care worker to blood or other body fluids of the patient in a licensed hospital. 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. Amend Subchapter E, Chapter 81, Health and Safety Code, by adding Section 81.095, as follows: Sec. 81.095. TESTING FOR ACCIDENTAL EXPOSURE. Requires a hospital to test a patient for hepatitis B or hepatitis C without the patient's specific consent in a case of accidental exposure of a health care worker to blood or other body fluids of the patient in a licensed hospital. Requires the hospital to have a policy concerning the disclosure of the result of the testing as authorized or required by law. Requires the hospital to abide by all patient confidentiality standards as set out in Section 81.046 (Confidentiality). SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 (1) SECTION 1. Requires the facility, rather than the hospital, to test a patient for hepatitis B or hepatitis C without the patient's specific consent in a case of accidental exposure of a health care worker to blood or other body fluids of the patient in a licensed hospital, state medical school, or teaching hospital. (2) SECTION 1. Requires the facility, rather than the hospital, to have a policy concerning the disclosure of the result of the testing as authorized or required by law. (3) SECTION 1. Requires the facility, rather than the hospital, to abide by all patient confidentiality standards as set out in Section 81.046 (Confidentiality). Committee Amendment #2 SECTION 1. Replaces text of Subsection (a) to require the hospital to take reasonable steps to test the patient for hepatitis B or hepatitis C in a case of accidental exposure of a health care worker to blood or other body fluids of a patient in a licensed hospital and authorizes such a test to be performed without the patient's specific consent, rather than requiring a hospital to test a patient for hepatitis B or hepatitis C without the patient's specific consent in a case of accidental exposure of a health care worker to blood or other body fluids of the patient in a licensed hospital.