SRC-JXG S.B. 99 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 99
76R2801 CMR-FBy: Carona
Health Services
2/12/1999
As Filed


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.
This bill would 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 require
the hospital to notify the patient and health care worker of the test
results. 

PURPOSE

As proposed, S.B. 99 protects health care workers who are accidently
exposed to a patient's blood or body fluids.    

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. Authorizes a licensed
hospital to test a patient for hepatitis B or C without the patient's
consent if a health care worker is accidently exposed to the patient's
blood or other body fluids. Requires the hospital to notify the patient and
the health care worker of the test results. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.