SRC-AXB H.B. 1652 76(R)BILL ANALYSIS


Senate Research CenterH.B. 1652
76R5317  CMR-DBy: Maxey (Nelson)
Health Services
5/12/1999
Committee Report (Amended)


DIGEST 

Currently, as many as 350,000 Texans may be infected with the hepatitis C
virus.  Because it does not initially cause symptoms, many infected people
do not know they carry the disease.  Testing for this disease is expensive
and not readily available; however, without widespread testing and
diagnosis, people who carry the disease cannot improve their health
outcomes and reduce the risk of transmission simply because of ignorance
that they are carriers.  H.B. 1652 creates an education and prevention
program for the hepatitis C virus. 

PURPOSE

As proposed, H.B. 1652 creates an education and prevention program for the
hepatitis C virus. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2D, Health and Safety Code, by adding Chapter 93,
as follows: 

CHAPTER 93.  EDUCATION AND PREVENTION PROGRAM FOR HEPATITIS C
 
Sec.  93.001.  HEPATITIS C EDUCATION AND PREVENTION PROGRAM.  Requires the
Texas Department of Health (TDH) to develop a program to heighten awareness
and enhance knowledge and understanding of hepatitis C.  Sets forth
requirements for TDH. 

Sec.  93.002.  DEPARTMENT VOLUNTARY TESTING PROGRAMS.  Requires TDH to
establish voluntary hepatitis C testing programs at facilities providing
voluntary HIV testing under Section 85.082, Health and Safety Code, to make
confidential counseling and testing available.  Authorizes TDH to contract
with public and private entities to perform the testing. Prohibits test
results from being used for insurance or employment purposes.  Provides
that a person who intentionally violates Subsection (c) is liable to a
person injured by the violation.  Authorizes the injured person to bring a
civil action to recover certain damages resulting from a violation.
Authorizes an injured person to bring an action to restrain a violation or
threatened violation of Subsection (c). 

Sec.  93.003.  TRAINING OF COUNSELORS.  Requires TDH to develop and offer a
training course for persons offering hepatitis C counseling.  Sets forth
requirements for the training course.  Requires TDH to maintain a registry
of persons who successfully complete the training course.  Authorizes TDH
to charge a course fee to certain individuals.  Requires the Texas State
Board of Medical Examiners to set the fee in an amount necessary to cover
the costs of providing the course.  Authorizes TDH to contract for the
training of counselors. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Provides that this Act takes effect September 1, 1999, but only
if a specific appropriation is made in H.B. No. 1, 76th Legislature. 

 SECTION 4.  Emergency clause.