By: Moncrief S.B. No. 57
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the screening and treatment for tuberculosis of
1-2 employees, volunteers, and inmates in county jails and other
1-3 correctional facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
1-6 amended by adding Chapter 89 to read as follows:
1-7 CHAPTER 89. SCREENING AND TREATMENT FOR TUBERCULOSIS
1-8 IN JAILS AND OTHER CORRECTIONAL FACILITIES
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 89.001. DEFINITIONS. In this chapter:
1-11 (1) "Community corrections facility" means a facility
1-12 established under Article 42.13, Code of Criminal Procedure.
1-13 (2) "County jail" means a facility operated by or for
1-14 a county for the confinement of persons accused or convicted of an
1-15 offense and that has a capacity of 100 beds or more and includes:
1-16 (A) a facility operated by or for a county for
1-17 the confinement of persons accused or convicted of an offense;
1-18 (B) a county jail or a correctional facility
1-19 authorized by Subchapter F, Chapter 351, Local Government Code; and
1-20 (C) a county corrections center authorized by
1-21 Subchapter H, Chapter 351, Local Government Code.
1-22 (3) "Health authority" has the meaning assigned by
1-23 Section 121.021.
1-24 (4) "Local health department" means a health
2-1 department created under Subchapter D, Chapter 121.
2-2 (5) "Physician" means a person licensed to practice
2-3 medicine in a state of the United States.
2-4 (6) "Public health district" means a health district
2-5 established under Subchapter E, Chapter 121.
2-6 (7) "Screening test" means a rapid analytical
2-7 laboratory or other procedure to determine the need for further
2-8 diagnostic evaluation.
2-9 (8) "Tuberculosis" means a disease caused by
2-10 Mycobacterium tuberculosis or other members of the Mycobacterium
2-11 tuberculosis complex.
2-12 (Sections 89.002 to 89.010 reserved for expansion
2-13 SUBCHAPTER B. SCREENING OF JAIL EMPLOYEES AND VOLUNTEERS
2-14 Sec. 89.011. SCREENING OF JAIL EMPLOYEES AND VOLUNTEERS.
2-15 (a) The commissioners court of each county and the district
2-16 judges governing a community corrections facility, through the
2-17 community supervision and corrections department, shall require
2-18 that each employee or volunteer working or providing services in a
2-19 county jail or a community corrections facility, who meets the
2-20 screening guidelines prescribed by board rule, present to the court
2-21 or judicial district a certificate signed by a physician that
2-22 states that:
2-23 (1) the employee or volunteer has been tested for
2-24 tuberculosis infection in accordance with board rules; and
2-25 (2) the results of the test indicate that the person
2-26 does not have tuberculosis.
2-27 (b) In lieu of a screening test, an employee or volunteer
3-1 with a history of a positive screening test may provide:
3-2 (1) documentation of that positive test result and of
3-3 any diagnostic and therapeutic follow-up; and
3-4 (2) a certificate signed by a physician that states
3-5 that the person does not have tuberculosis.
3-6 (c) The health authority may require an employee or
3-7 volunteer to have an additional screening test or medical
3-8 examination if the department determines that an additional test or
3-9 examination is necessary and appropriate to protect the public
3-10 health.
3-11 (d) An employee or volunteer is exempt from the screening
3-12 test required by this section if:
3-13 (1) the screening test conflicts with the tenets of an
3-14 organized religion to which the individual belongs; or
3-15 (2) the screening test is medically contraindicated
3-16 based on an examination by a physician.
3-17 Sec. 89.012. FOLLOW-UP EVALUATIONS AND TREATMENT. (a) An
3-18 employee or a volunteer with a positive screening test result must
3-19 obtain a diagnostic evaluation from the person's own physician to
3-20 determine if the person has tuberculosis.
3-21 (b) If the employee or volunteer has tuberculosis, the
3-22 commissioners court or the judicial district, as appropriate, may
3-23 not permit the person to begin or continue the person's employment
3-24 duties or volunteer services unless the person is under treatment
3-25 for the disease by a physician and the person provides to the court
3-26 or judicial district a certificate signed by the attending
3-27 physician stating that the patient is noninfectious.
4-1 Sec. 89.013. CERTIFICATE REQUIRED. (a) The commissioners
4-2 court, judicial district, or a designee of either shall confirm
4-3 that each employee or volunteer required to be screened under this
4-4 subchapter has the required certificate.
4-5 (b) The commissioners court or judicial district may not
4-6 permit an employee or volunteer to carry out the person's duties if
4-7 the person does not have the required certificate.
4-8 Sec. 89.014. COST OF TESTS, FOLLOW-UP, AND TREATMENT. The
4-9 employee or volunteer shall pay the expense of a screening test,
4-10 diagnostic evaluation, or other professional medical service
4-11 required under this subchapter unless the commissioners court or a
4-12 local health department or public health district elects to provide
4-13 the service.
4-14 (Sections 89.015 to 89.050 reserved for expansion
4-15 SUBCHAPTER C. INMATE SCREENING AND TREATMENT
4-16 Sec. 89.051. INMATE SCREENING REQUIRED. (a) Each inmate in
4-17 a county jail or community corrections facility shall undergo a
4-18 screening test for tuberculosis infection approved by the board if:
4-19 (1) the inmate will probably be confined in jail or a
4-20 community corrections facility for more than 14 days; and
4-21 (2) the inmate meets the screening guidelines
4-22 prescribed by board rules.
4-23 (b) The inmate must be tested on or before the 14th day
4-24 after the day the inmate is first confined.
4-25 (c) An inmate listed by Subsection (a) is not required to be
4-26 retested at each rebooking if the inmate is booked into a jail or a
4-27 community corrections facility more than once during a 12-month
5-1 period unless the inmate shows symptoms of tuberculosis or is known
5-2 to have been exposed to tuberculosis.
5-3 (d) An inmate is exempt from the screening test required by
5-4 this section if:
5-5 (1) the screening test conflicts with the tenets of an
5-6 organized religion to which the individual belongs; or
5-7 (2) the screening test is medically contraindicated
5-8 based on an examination by a physician.
5-9 Sec. 89.052. RESCREENING; DIAGNOSTIC EVALUATIONS. The
5-10 department or a health authority may require the commissioners
5-11 court or the judicial district to provide an additional screening
5-12 test or a diagnostic evaluation if the health authority determines
5-13 that an additional screening test or a diagnostic evaluation is
5-14 necessary and appropriate to protect the health of the jail
5-15 inmates, employees, volunteers, or the public.
5-16 Sec. 89.053. FOLLOW-UP EVALUATIONS. (a) If an inmate has a
5-17 confirmed positive screening test result, the commissioners court
5-18 or judicial district shall provide a diagnostic evaluation to
5-19 determine whether the inmate has tuberculosis.
5-20 (b) The sheriff, jail administrator, or director of the
5-21 community corrections facility shall provide appropriate
5-22 accommodations to an inmate who has tuberculosis or is suspected of
5-23 having tuberculosis, including respiratory isolation, if necessary,
5-24 and adequate medical care and treatment that meet the accepted
5-25 standards of medical practice.
5-26 (c) The county jail or community corrections facility shall
5-27 provide preventive therapy to an infected inmate if the preventive
6-1 therapy is prescribed by the attending physician and the inmate
6-2 consents to the treatment.
6-3 Sec. 89.054. INMATE TRANSFER AND RELEASE. A copy of an
6-4 inmate's medical records or documentation of screenings or
6-5 treatment received during confinement must accompany an inmate
6-6 transferred from one jail or community corrections facility to
6-7 another and be available for medical review on arrival of the
6-8 inmate.
6-9 (Sections 89.055 to 89.070 reserved for expansion
6-10 SUBCHAPTER D. REPORTING; RULEMAKING; MINIMUM STANDARDS
6-11 Sec. 89.071. REPORTING. (a) A case of tuberculosis shall
6-12 be reported to the appropriate health authority or to the
6-13 department not later than the third day after the day on which the
6-14 diagnosis is suspected.
6-15 (b) The results of a screening test shall be reported to the
6-16 department monthly in a manner approved by the department.
6-17 Sec. 89.072. RULEMAKING. The department shall recommend to
6-18 the Commission on Jail Standards and the Texas Department of
6-19 Criminal Justice rules to carry out this chapter, including rules
6-20 describing:
6-21 (1) the types of screening tests and diagnostic
6-22 evaluations and the scope of the professional examinations that may
6-23 be used to meet the requirements of this chapter;
6-24 (2) the categories of employees, volunteers, or
6-25 inmates who must have a screening test under this chapter;
6-26 (3) the form and content of the certificate required
6-27 under Subchapter B for employees and volunteers;
7-1 (4) the deadlines for filing a certificate;
7-2 (5) the transfer of employee or volunteer certificates
7-3 and inmate records between county or judicial district facilities;
7-4 (6) the frequency of screening tests for employees,
7-5 volunteers, and inmates;
7-6 (7) the criteria for requiring an additional screening
7-7 test or a diagnostic evaluation or examination; and
7-8 (8) the reporting of a screening test or an evaluation
7-9 or examination result to the appropriate health authority or to the
7-10 department.
7-11 Sec. 89.073. ADOPTION OF LOCAL STANDARDS. (a) The
7-12 standards prescribed by this chapter and the rules adopted by the
7-13 board relating to screening tests or examinations for tuberculosis
7-14 required for certain employees and volunteers are minimum
7-15 standards.
7-16 (b) With the prior approval of the department:
7-17 (1) a commissioners court or a judicial district may
7-18 adopt and enforce standards for carrying out this chapter if the
7-19 standards are compatible with and equal to or more stringent than
7-20 the standards prescribed by this chapter and the board's rules; and
7-21 (2) a private facility may adopt and enforce standards
7-22 for carrying out this chapter if the standards are compatible with
7-23 and equal to or more stringent than the standards prescribed by
7-24 this chapter and the board's rules.
7-25 (c) The board shall adopt substantive and procedural rules
7-26 to govern the submission of county, judicial district, or private
7-27 jail standards. At a minimum these rules must contain:
8-1 (1) a procedure for the submission of standards for
8-2 departmental review; and
8-3 (2) an internal departmental appeal process by which a
8-4 county, judicial district, or private entity may seek a review of
8-5 the department's decision to reject the entity's proposed
8-6 standards.
8-7 SECTION 2. (a) The Texas Department of Health shall supply
8-8 the materials, drugs, and laboratory service to jails and community
8-9 corrections facilities that are necessary to accomplish the
8-10 screening required by this Act. The department is not required to
8-11 supply a private jail, but a private jail may receive reimbursement
8-12 under its contract with a county.
8-13 (b) The Texas Department of Criminal Justice shall provide
8-14 funds for administering screenings, evaluating inmates, and
8-15 administering drugs to inmates suspected of having an active case
8-16 of tuberculosis, for inmates whose paperwork and processing
8-17 required under Subsection (a), Section 8, Article 42.09, Code of
8-18 Criminal Procedure, has been completed, and inmates in a community
8-19 corrections facility. The department shall reimburse a county or
8-20 judicial district in the same manner as provided for reimbursements
8-21 under Section 499.123, Government Code.
8-22 (c) A county or judicial district shall provide funds for
8-23 administering screenings, evaluating inmates, and administering
8-24 drugs to inmates suspected of having an active case of
8-25 tuberculosis, for inmates who are pretrial, inmates whose paperwork
8-26 and processing under Subsection (a), Section 8, Article 42.09, Code
8-27 of Criminal Procedure, is incomplete, or inmates who are not to be
9-1 transferred to a Texas Department of Criminal Justice facility.
9-2 (d) It is the intent of the legislature that the county
9-3 provide only 33 percent of the cost of the program required under
9-4 this Act. The Texas Department of Health is authorized to provide
9-5 grants to counties which require assistance to fulfill this
9-6 expression of intent.
9-7 SECTION 3. (a) Except as provided by Subsection (b), this
9-8 Act takes effect September 1, 1993.
9-9 (b) Each county commissioners court and governing body of a
9-10 judicial district shall begin the screening activities prescribed
9-11 by Chapter 89, Health and Safety Code, as added by this Act, not
9-12 later than March 15, 1994.
9-13 SECTION 4. The importance of this legislation and the
9-14 crowded condition of the calendars in both houses create an
9-15 emergency and an imperative public necessity that the
9-16 constitutional rule requiring bills to be read on three several
9-17 days in each house be suspended, and this rule is hereby suspended.