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


Senate Research CenterC.S.S.B. 43
By: Shapiro
Criminal Justice
3/4/1999
Committee Report (Substituted)


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 certain
controlled substances to the Texas Department of Health. 

PURPOSE

As proposed, C.S.S.B. 43 requires a physician to report an overdose of
certain controlled substances to the Texas Department of Health. 

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 Chapter 161E, Health and Safety Code, as follows:

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

Sec. 161.041.  New heading: MANDATORY REPORTING OF GUNSHOT WOUNDS. 

Sec. 161.042. MANDATORY REPORTING OF CONTROLLED SUBSTANCE OVERDOSES.
Requires a physician who attends or treats, or who is requested to attend
or treat an overdose of certain controlled substances, or the
administrator, superintendent, or other person in charge of a hospital,
sanitorium, or other institution to report at once the overdose to the
Texas Department of Health (TDH).  Requires the report to include certain
information but not the person's name or address or any other information
concerning the person's identity.  Provides that a hospital, sanitorium, or
other institution that makes a report under this section is not subject to
civil or criminal liability for damages arising out of the report.
Provides that an individual who makes a good-faith report under this
section is not subject to civil or criminal liability for damages arising
out of the report.  Makes conforming changes. 

Sec.  161.043.  CRIMINAL PENALTY.  Creates a criminal offense if a person
intentionally fails to file a required report under this subchapter.
Establishes that an offense under this section is a misdemeanor punishable
by confinement in jail for not more than six months or by a fine of not
more than $100. 

Sec.  161.044.  CONTROLLED SUBSTANCE OVERDOSE INFORMATION REPOSITORY.
Requires TDH to maintain a central repository for the collection and
analysis of information gathered on incidents of controlled substance
overdose.  Prohibits TDH from including in the repository any information
the physician or other person is precluded from reporting under that
section.  Requires TDH to release statistical information from the central
repository on the request of a medical professional or a representative of
a law enforcement agency. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Relating clause

Amends the relating clause to provide that the bill relates to reports of
overdoses of certain controlled substances to the Texas Department of
Health (TDH), rather than to law enforcement authorities. 

SECTION 1.

Incorporates certain amendments from existing SECTIONS 2 and 3 into SECTION
1. Requires a physician who attends or treats, or who is requested to
attend or treat, or an administrator, superintendent, or other person in
charge of a hospital, sanitorium, or other institution to report at once an
overdose of certain controlled substances to TDH.  Provides that a
hospital, sanitorium, or other institution that makes a report under this
section is not subject to civil or criminal liability for damages arising
out of the report.  Provides that an individual who makes a good-faith
report under this section is not subject to civil or criminal liability for
damages arising out of the report.  Creates a criminal offense for the
intentional failing to file a report under this subchapter.  Deletes
rulemaking authority granted to the Department of Public Safety.