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.