HBA-MPM S.B. 43 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 43
By: Shapiro
Public Health
3/31/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, there is no reliable, accurate system to track and identify drug
trends and drug use in Texas, because hospitals and medical professionals
are not required by law to report overdoses of serious drugs.  Drug trends
are currently tracked by the federal government and the Texas Commission on
Alcohol and Drug Abuse, but the statistics are taken from sample data, and
a more accurate representation of drug use in Texas could be provided from
a more comprehensive set of data.  S.B. 43 requires physicians and persons
in charge of certain medical institutions to report an overdose of certain
controlled substances to the Texas Department of Health.  This bill further
prohibits the individual reporting the overdose from including any
identifying information with respect to the person treated. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 161, Health and Safety Code, as
follows: 

SUBCHAPTER E.  New title:  REPORTS OF GUNSHOT WOUNDS 
AND CONTROLLED SUBSTANCE OVERDOSES

Sec. 161.041.  New title:  MANDATORY REPORTING OF GUNSHOT WOUNDS.  Makes no
other change. 

Sec. 161.042.  MANDATORY REPORTING OF CONTROLLED SUBSTANCE OVERDOSES.  (a)
Requires a physician attending or treating, or who is requested to attend
or treat, an overdose of a controlled substance listed in Penalty Group 1
under Section 481.102 (Penalty Group 1), Health and Safety Code,  or the
administrator, superintendent, or other person in charge of a hospital,
sanitorium,  or other institution in which an overdose of a controlled
substance listed under that section is attended or treated or in which the
attention or treatment is requested, to report the case at once to the
Texas Department of Health (department). 

(b) Requires a physician or other person reporting an overdose of a
controlled substance under this section to include in the report
information regarding the overdose date, type of controlled substance used,
sex and approximate age of the person attended or treated or for whom
treatment was sought, the symptoms associated with the overdose, the extent
of treatment necessary, and the patient's outcome.  Authorizes the
physician or person making the report to provide other demographic
information concerning the patient, but prohibits the physician or person
making the report from disclosing the patient's identifying information. 

(c) Provides that a hospital, sanitorium, or other institution making a
report under this section is not subject to civil or criminal liability for
damages arising from the report, nor is an individual making a good-faith
report subject to civil or criminal liability for  damages arising from the
report. 

Sec. 161.043.  CRIMINAL PENALTY.  Redesignated from Section 161.042.

Sec. 161.044.  CONTROLLED SUBSTANCE OVERDOSE INFORMATION REPOSITORY.  (a)
Requires the department to maintain a central repository for the collection
and analysis of information relating to incidents of a controlled substance
overdose for which a physician or other person is required to report to the
department under Section 161.042, Health and Safety Code.  Prohibits the
department from including in the repository any identifying information
regarding patients treated. 

(b)  Requires the department to release statistical information contained
in the central repository on the request of a medical professional or
representative of a law enforcement agency. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.