By: Barrientos S.B. No. 1165
A BILL TO BE ENTITLED
AN ACT
1-1 relating to compliance with certain federal standards concerning
1-2 the prevention of transmission of the human immunodeficiency virus
1-3 and other bloodborne pathogens.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter I, Chapter 85, Health and Safety Code,
1-6 is amended by adding Sections 85.207-85.211 to read as follows:
1-7 Sec. 85.207. RETALIATION PROHIBITED. A health care provider
1-8 or a person employing a health care worker may not suspend or
1-9 terminate the employment of, threaten, or otherwise discriminate
1-10 against the health care worker or against any other person who
1-11 reports or otherwise discloses, or demonstrates an intent to report
1-12 or otherwise disclose, to the appropriate state or federal agency
1-13 or an appropriate government official any activity, practice, or
1-14 procedure that the health care worker or other person in good faith
1-15 believes constitutes a failure by the provider or employer to
1-16 comply with:
1-17 (1) the Centers for Disease Control Guidelines on
1-18 Universal Precautions for Prevention of Transmission of Human
1-19 Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne
1-20 Pathogens in Health-Care Settings; or
1-21 (2) the Occupational Safety and Health
1-22 Administration's Final Standard for Occupational Exposure to
1-23 Bloodborne Pathogens (29 CFR Sec. 1910.1030).
2-1 Sec. 85.208. COMPLAINT FILED WITH ATTORNEY GENERAL; CIVIL
2-2 ACTION. (a) A person who believes that the person has been
2-3 suspended, terminated, threatened, or otherwise discriminated
2-4 against in violation of Section 85.207 may file a complaint with
2-5 the attorney general alleging the discrimination.
2-6 (b) The complaint shall be filed not later than the 90th day
2-7 after the date on which the alleged violation of Section 85.207
2-8 occurs. On receipt of the complaint, the attorney general shall
2-9 notify the person named in the complaint of the filing of the
2-10 complaint.
2-11 (c) Not later than the 60th day after the date on which the
2-12 complaint is received, the attorney general shall complete an
2-13 investigation of the complaint to determine whether there is
2-14 reasonable cause to believe that a violation of Section 85.207 has
2-15 occurred.
2-16 (d) Not later than the 30th day after determining that
2-17 reasonable cause exists to believe that a violation of Section
2-18 85.207 has occurred, the attorney general shall bring a civil
2-19 action for appropriate relief allowed under Section 85.210.
2-20 (e) The attorney general shall promptly notify the person
2-21 who filed the complaint of a determination not to bring a civil
2-22 action under this section.
2-23 Sec. 85.209. CIVIL ACTION BROUGHT BY PERSON. A person who
2-24 is notified by the attorney general of a determination not to bring
2-25 a civil action may file a civil action not later than the 30th day
3-1 after the date of notification under Section 85.208(e) for
3-2 appropriate relief allowed under Section 85.210.
3-3 Sec. 85.210. DAMAGES; REINSTATEMENT. (a) In regarding a
3-4 judgment in an action brought under Section 85.208 or 85.209, a
3-5 court shall order all appropriate relief, which may include:
3-6 (1) actual damages;
3-7 (2) reinstatement in the former position of the person
3-8 on whose behalf the action is brought;
3-9 (3) compensation for wages lost during the period of
3-10 suspension or termination;
3-11 (4) reinstatement of any fringe benefits or seniority
3-12 rights lost because of the suspension or termination; and
3-13 (5) equitable relief as may be necessary to make the
3-14 complaining person whole or to correct, prevent, or restrain a
3-15 violation of the CDC Guidelines or the OSHA Bloodborne Pathogens
3-16 Standard.
3-17 (b) A court may also award all or part of the costs of suit,
3-18 including court costs and reasonable attorney's fees.
3-19 (c) Liability of a state governmental body under this Act is
3-20 limited to money damages in a maximum amount of $250,000.
3-21 (d) Liability of a local governmental body under this Act is
3-22 limited to money damages in a maximum amount of $100,000; except
3-23 liability of a municipality is limited to money damages in a
3-24 maximum amount of $250,000.
3-25 Sec. 85.211. LIMITS ON CIVIL OR CRIMINAL LIABILITY. A
4-1 person who takes an action protected under Section 85.207 is not
4-2 subject to civil or criminal liability that might otherwise be
4-3 incurred because of that action unless the person acts with malice
4-4 or with deliberate intent to injure any other person.
4-5 SECTION 2. Section 85.202 (4), Health and Safety Code, is
4-6 amended to read as follows:
4-7 (4) "Universal precautions" means procedures for
4-8 disinfection and sterilization of reusable medical devices and the
4-9 appropriate use of infection control, including hand washing, the
4-10 use of protective barriers, and the use and disposal of needles and
4-11 other sharp instruments as those procedures are defined by:
4-12 (A) the Centers for Disease Control Guidelines
4-13 on Universal Precautions for Prevention of Transmission of
4-14 Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne
4-15 Pathogens in Health-Care Settings; or
4-16 (B) the Occupational Safety and Health
4-17 Administration's Final Standard for Occupational Exposure to
4-18 Bloodborne Pathogens (29 CFR Sec. 1910.1030) <of the United States
4-19 Public Health Service>.
4-20 SECTION 3. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended,
4-25 and that this Act take effect and be in force from and after its
5-1 passage, and it is so enacted.