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.