HBA-MPM S.B. 338 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 338
By: Madla
Public Health
5/10/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

The Third National Health and Nutrition Examination Survey, conducted
during 1988 through1994, estimated that almost four million Americans are
infected with hepatitis C, approximately 360,000 of whom live in Texas.
Legislation enacted by the 76th Legislature directed the Texas Department
of Health (TDH) to conduct studies, develop educational programs and
training materials, and establish testing sites for hepatitis C.  However,
a more comprehensive approach is needed to address this public health issue
in the long term.  Over the next 10 to 20 years, hepatitis C is predicted
to become a major burden on the health care system as patients who are
currently asymptomatic develop serious symptoms.  Senate Bill 338 requires
TDH to develop a state plan for the prevention and treatment of hepatitis
C. 

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 338 amends the Health and Safety Code to require the Texas
Department of Health (TDH) to develop a state plan for prevention and
treatment of hepatitis C that includes strategies for prevention and
treatment in specific demographic groups that are disproportionately
affected by the disease.  In developing the plan, TDH is required to seek
the input of the public including those with hepatitis C, each state agency
that provides services to persons with hepatitis C or the functions of
which otherwise involve hepatitis C, any advisory body that addresses
issues related to hepatitis C, public advocates concerned with issues
related to hepatitis C, and providers of services to persons with hepatitis
C.  TDH is required to update the plan biennially and to file the plan no
later than October 1 of each even-numbered year with the governor,
lieutenant governor, and speaker of the house of representatives. 

EFFECTIVE DATE

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

EXPLANATION OF AMENDMENTS

Committee Amendment No.1 amends the Occupations Code to require a
registered nurse who renews a license on or after June 1, 2002, to
participate in at least two hours of continuing education relating to
hepatitis C as a part of any continuing education requirements.  The
amendment requires the Board of Nurse Examiners to recognize, prepare, or
administer a hepatitis C training component for this purpose that provides
information relating to the prevention, assessment, and treatment of
hepatitis C.  This provision expires June 1, 2004. 

Committee Amendment No. 2 amends the Health and Safety Code to authorize
the Texas Department of Health to forecast the economic and clinical
impacts of hepatitis C and its impact on quality of life in developing the
prevention program.  TDH is authorized to develop the forecasts in
conjunction with an  academic medical center or a nonprofit institution
with experience using disease management prospective modeling and
simulation techniques.