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.