SRC-JFA S.B. 1516 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1516
By: Truan
Health & Human Services
4-21-97
As Filed


DIGEST 

Currently, the term "occupational disease" is defined in two Texas
statutes.  Under Chapter 84, Health and Safety Code, when the Texas
Department of Health (TDH) attempts to adopt a rule establishing a
particular blood lead level for which the agency intends to require
reporting, that level becomes an "occupational disease" as defined by
statute and regulation.  Under Chapter 401, Labor Code, the definition of
"occupational disease" requires an individual diagnosis by a physician.
As a result, TDH has the responsibility of defining a term that may be
better left to physicians.  This bill would amend the current law by
striking the references to "occupational disease" in Chapter 84, Health
and Safety Code, and replacing the term with "occupational condition."
Additionally, this bill would provide that blood lead levels are
laboratory findings reportable to TDH.  
   
PURPOSE

As proposed, S.B. 1516 strikes the references to "occupational disease" in
Chapter 84, Health and Safety Code, and replaces the term with
"occupational condition."  Additionally, this bill provides that blood
lead levels are laboratory findings reportable to TDH.    

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION 2
(Section 84.003(b), Health and Safety Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading of Chapter 84, Health and Safety Code, as
follows: 

CHAPTER 84. New heading:  REPORTING OF OCCUPATIONAL CONDITIONS

SECTION 2. Amends Sections 84.001-84.003, Health and Safety Code, as
follows: 

Sec. 84.001.  SHORT TITLE:  Occupational Condition Reporting Act.

Sec. 84.002.  DEFINITIONS.  Defines "occupational condition," rather than
"occupational disease," as a disease, abnormal health condition, or
laboratory finding that is caused by or is related to exposure to a
substance or condition in the workplace.  Defines "reportable condition,"
rather than "reportable disease," as a disease, condition, or laboratory
finding required to be reported under this chapter.  Defines "health care
professional."   

Sec. 84.003. New heading:  REPORTABLE CONDITIONS; RULES.  Provides that
asbestosis and silicosis are occupational conditions, rather than
diseases, that are reportable to the Texas Department of Health (TDH).
Provides that an elevated blood lead level in an adult is a laboratory
finding that is reportable to TDH.  Requires the Texas Board of Health
(TBH) to adopt rules governing the blood lead levels that are reportable
under this chapter. Requires TBH, before TBH requires another occupational
condition to be reported, to find that the condition has a well-understood
etiology; results predominantly from occupational exposure to a substance
or condition; and is preventable.  Makes conforming changes.   

SECTION 3. Amends Sections 84.004(a) and (b), Health and Safety Code, to
require a physician  who diagnoses or treats the individual with the
occupational condition; a person who is in charge of a clinical or
hospital laboratory, blood bank, mobile unit, or other facility in which a
laboratory examination of any specimen derived from a human body yields
microscopical, cultural, serological, or other evidence suggestive of the
condition; and another health care professional who is aware of the case
or suspected case of a reportable condition to report cases or suspected
cases of reportable conditions to TDH.  Deletes text in regard to certain
notification.  Makes conforming changes.  

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 87.007(a) and (b), Health and Safety Code, to
make conforming changes.   

SECTION 7. Emergency clause.
  Effective date: upon passage.