SRC-PNG S.B. 43 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 43
76R1137 PEP-DBy: Shapiro
Criminal Justice
3/1/1999
As Filed


DIGEST 

Currently, in Texas, there is no reliable, accurate system to track and
identify drug trends and drug use, 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 do not provide a clear picture of the drug problems in
Texas.  This bill requires a doctor to report an overdose of any controlled
substance to law enforcement authorities. 

PURPOSE

As proposed, S.B. 43 requires a physician to report an overdose of any
controlled substance to law enforcement authorities. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Public Safety in
SECTION 3 (Section 411.048(b), Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the title of Chapter 161E, Health and Safety Code, as
follows: 

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

SECTION 2. Amends Section 161.041, Health and Safety Code, to require a
physician to report an overdose of a controlled substance.  Requires the
report to include certain information but not the person's name or address
or any other information concerning the person's identity.  Makes
conforming changes. 

SECTION 3. Amends Chapter 411D, Government Code, by adding Section 411.048,
as follows: 

Sec.  411.048. REPORTING RELATED TO CONTROLLED SUBSTANCE OVERDOSES.
Requires the Department of Public Safety (DPS) to maintain a central
repository for the collection and analysis of information gathered on
incidents of controlled substance overdose.  Requires DPS, by rule, to
adopt procedures for local law enforcement to provide to DPS information
from the reports made under Subsection (a).  Requires DPS to collect in the
central  repository certain information concerning overdoses of controlled
substances but not information concerning the person's identity.  Requires
DPS to release statistical information from the central repository on the
request of a medical professional or a representative of a law enforcement
agency. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.