HBA-JEK, MPM H.B. 518 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 518
By: Grusendorf
Public Health
2/10/2001
Introduced



BACKGROUND AND PURPOSE 

Hepatitis A is a generally less serious form of the hepatitis disease, but
it can pose a risk to those with weakened or immature immune systems.
According to the National Center for Disease Control and Prevention (CDC),
there is no specific treatment for the hepatitis A virus infection,
although it can be treated and managed.  A safe and effective vaccination
can prevent hepatitis A.  Because hepatitis A can be transmitted through
contaminated food, food handlers play a critical role in hepatitis A
transmission. House Bill 518 requires food service workers to be immunized
against hepatitis A in order to protect the public health. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Health in
SECTION 1 (Section 438.038, Health and Safety Code) and SECTION 2 of this
bill. 

ANALYSIS

House Bill 518 amends the Health and Safety Code to require hepatitis A
vaccines for food service employees.  The bill prohibits a person from
handling food, utensils, dishes, or serving implements that are for public
sale or for the consumption or use by another unless the person has been
immunized against hepatitis A.  The bill does not require immunization if
the person is an active member of the United States armed forces, or if the
person submits to an employer: 


_an affidavit or certificate signed by a licensed physician stating it is
the physician's opinion that the immunization would be injurious to the
health and well-being of the person or any member of the person's family or
household; or  

_an affidavit signed by the person, or the person's parent or guardian if
the person is a minor, stating that the immunization conflicts with the
tenets and practice of a recognized church or religious denomination of
which the person is an adherent or member.  This exemption does not apply
in times of emergency or epidemic declared by the commissioner of public
health. 

The bill requires a local government authority that issues food handler
permits to revoke or refuse to renew a permit issued to a person who is in
violation of the provisions of the bill.  The bill provides that a food
service establishment, retail food store, mobile food unit, or roadside
food vendor that employs a person who violates these provisions is subject
to the same consequence as would be imposed for a violation of the
permitting law applicable to these businesses or of a rule adopted under
the permitting law.  A person is not required to comply with the
requirements of this bill before January 1, 2002. 

The bill requires the Texas Department of Health to adopt rules no later
than December 1, 2001 for the scheduling of hepatitis A vaccinations for
food service employees. 

 EFFECTIVE DATE

September 1, 2001.