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


Senate Research CenterC.S.S.B. 99
By: Carona
Health Services
2/17/1999
Committee Report (Substituted)


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, C.S.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 an incident of exposure to hepatitis Bor C, 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 have a policy concerning the disclosure of the
result of the testing as authorized or required by law. Requires the
hospital 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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 81.095, Health and Safety Code, to require the hospital,
following a report of the exposure incident, to test the patient for
hepatitis B or hepatitis C without the patient's specific consent to the
test. Requires the hospital to have a policy concerning the disclosure of
the result of the testing as authorized or required by law. Requires the
hospital to abide by all patient confidentiality standards as set out in
Section 81.046.