LSL C.S.H.B. 2311 75(R) BILL ANALYSIS PUBLIC HEALTH C.S.H.B. 2311 By: Van de Putte 3-26-97 Committee Report (Amended) BACKGROUND Chapter 84 of the Health and Safety Code classifies elevated blood lead levels, asbestos levels and other public health information relating to occupational exposure to certain substances as "occupational diseases." This classification can have adverse consequences for both the employer and the employee. The employer could be classified as an "extra-hazardous employer" -- which could increase the cost of worker's compensation insurance, create private lawsuits against the employer, and limit that employers ability to acquire and keep group health insurance coverage. For employees found to have high lead blood levels or exposure to asbestos, this classification of "high risk" may limit their ability to qualify for health insurance. PURPOSE HB 2311 will redefine the classification of elevated blood levels, asbestos levels, and certain other conditions as "occupational conditions" to be monitored by the Texas Department of Health (TDH), and remove their status as "occupational diseases". RULEMAKING AUTHORITY It is the committee's opinion that this bill does expressly grant additional rulemaking authority to TDH in SECTION 2 (Sec. 84.003(b), Health and Safety Code). SECTION BY SECTION ANALYSIS SECTION 1. Amends the titles of Chapter 84 of the Health and Safety Code by replacing the word "disease" with "condition" as follows: CHAPTER 84. REPORTING OF OCCUPATIONAL CONDITIONS SECTION 2. Amends Sections 84-001-84.003, Health and Safety Code, as follows: Sec. 84.001. Makes conforming change. Sec. 84.002. DEFINITIONS. Subsection (1) is added and defines "Health professional" as an individual whose: (A) vocation or profession is directly or indirectly related to the maintenance of health in another individual; and (B) duties require a specified amount of formal education and may require a special examination, a certificate or license, or membership in a regional or national association. Subsection (2) replaces the term "occupational disease" with "occupational condition" and amends this definition to add a laboratory finding that is caused by or is related to exposures in the workplace to this definition. Subsection (3) replaces the term "reportable disease" with "reportable condition" and amends this definition to add a laboratory finding required to be reported under this chapter to the definition. Makes conforming number changes. Sec. 84.003 Replaces the word "Diseases" in Section title with "Conditions" to read as follows: REPORTABLE CONDITIONS; RULES. Subsection (a) removes elevated blood levels in adults, and leaves asbestosis and silicosis as occupational conditions that are reportable by TDH. Makes conforming change. Subsection (b) is added and establishes that blood lead levels in adults are laboratory findings that are reportable to TDH as provided by the Board of Health rules. Subsection (c) makes conforming changes. Subsection (d) makes a conforming change. Subsection (e) makes a conforming change. SECTION 3. Amends Sections 84.004(a) and (b), Health and Safety Code, as follows: Subsection (a) makes conforming changes and adds subsection (3) a health professional, to the listing of persons required to report cases or suspected cases to TDH.. Subsection (b) makes a conforming change, and deletes language prohibiting TDH to contact the person from whom the specimen was obtained without attending physician consent. SECTION 4. Amends Sections 84.005(b) and (c), Health and Safety Code, to make conforming changes. SECTION 5. Amends Section 84.006(a), Health and Safety Code, to make conforming changes. SECTION 6. Amends Sections 84.007(a) and (b), Health and Safety Code, to make conforming changes. SECTION 7. Emergency Clause and establishes enactment of Act upon passage. EXPLANATION OF AMENDMENTS The amendment to HB 2311 adds a new Section 7 to amend Sec. 4D(b), Structural Pest Control Act (Article 135b-6, Vernon's Texas Civil Statutes) to change the term "disease" to "condition" in this subsection that references Chapter 84, Health and Safety Code. This conforms with the changes made in HB 2311.