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.