SRC-JXG S.B. 99 76(R)BILL ANALYSIS Senate Research CenterS.B. 99 By: Carona Health Services 6/28/1999 Enrolled DIGEST Currently, Texas law prohibits a hospital from testing a patient without the patient's consent for hepatitis B or hepatitis C. A health care worker accidentally exposed to a patient's blood or other bodily fluids cannot perform a test for hepatitis B or hepatitis C without a patient's consent. S.B. 99 will authorize a hospital to perform a test for hepatitis B or hepatitis C without a patient's consent, in a case of accidental exposure of a health care worker to a patient's blood or body fluids, and will require the hospital to notify the patient and health care worker of the test results. PURPOSE As enrolled, S.B. 99 protects health care workers who are accidently exposed to a patient's blood or body fluids by authorizing the hospital in which the exposure incident occurred to test a patient for hepatitis B or hepatitis C without the patient's consent. 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 81E, Health and Safety Code, by adding Section 81.095, as follows: Sec. 81.095. TESTING FOR ACCIDENTAL EXPOSURE. Requires a licensed hospital, following a report of the exposure incident, to take reasonable steps to test the patient for hepatitis B or hepatitis C, in a case of accidental exposure of a health care worker to blood or other body fluids of a patient in a licensed hospital. Authorizes a test conducted under this section to be performed without the patient's specific consent. Requires the facility to have a policy concerning the disclosure of the result of the testing as authorized or required by law. Requires the facility to abide by all patient confidentiality standards as set out in Section 81.046. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.