HBA-CBW S.B. 1006 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1006
By: Van de Putte
Public Health
5/7/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law requires licensed hospitals to take reasonable steps to test
patients for hepatitis B or C following an accidental exposure of a health
care worker to a patient's blood or other body fluids. However, emergency
medical services personnel and other persons who render assistance and are
exposed to the patient's body fluids are not included under testing
requirements.  Senate Bill 1006 requires a licensed hospital receiving a
patient to take reasonable steps to test the patient for hepatitis B or C
after the notification of exposure of personnel to a patient's blood or
other body fluid and provides that the personnel or the organization that
employs the personnel is responsible for paying the costs of the test. 

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. 

ANALYSIS

Senate Bill 1006 amends the Health and Safety Code to require a licensed
hospital receiving a patient following a report of the exposure incident to
take reasonable steps to test the patient for hepatitis B or hepatitis C if
the report shows there is significant risk to the person exposed. 

The person exposed, or the organization that employs the person or for
which the person works as a volunteer in connection with rendering the
assistance, is responsible for paying the costs of the test. 

The bill requires the hospital to provide the test results to the Texas
Department of Health or to the local health authority, which are
responsible for following the established procedures to inform the person
exposed and, if applicable, the patient regarding the test results.  The
bill requires the hospital to follow applicable reporting requirements. 

The Act applies only in a case of accidental exposure of certified
emergency medical services personnel, a firefighter, a peace officer, or a
first responder who renders assistance at the scene of an emergency or
during transport to the hospital to blood or other body fluids of a patient
who is transported to a licensed hospital. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.