By Maxey, Danburg, Ehrhardt, Capelo, McClendon H.B. No. 1652 76R5317 CMR-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to an education and prevention program for hepatitis C. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is 1-5 amended by adding Chapter 93 to read as follows: 1-6 CHAPTER 93. EDUCATION AND PREVENTION PROGRAM FOR HEPATITIS C 1-7 Sec. 93.001. HEPATITIS C EDUCATION AND PREVENTION PROGRAM. 1-8 The department shall develop a program to heighten awareness and 1-9 enhance knowledge and understanding of hepatitis C. The department 1-10 shall: 1-11 (1) conduct a seroprevalence study to estimate the 1-12 current and future impact of hepatitis C on the state; 1-13 (2) conduct health education, public awareness, and 1-14 community outreach activities to promote public awareness and 1-15 knowledge about the risk factors, the value of early detection, 1-16 available screening services, and the options available for the 1-17 treatment of hepatitis C; 1-18 (3) provide training to public health clinic staff 1-19 regarding the treatment, detection, and methods of transmission of 1-20 hepatitis C; 1-21 (4) identify to health care providers and employers 1-22 the benefits of disease awareness and prevention; and 1-23 (5) develop a prevention program to reduce the risk of 1-24 transmission of hepatitis C. 2-1 Sec. 93.002. DEPARTMENT VOLUNTARY TESTING PROGRAMS. (a) 2-2 The department shall establish voluntary hepatitis C testing 2-3 programs to be performed at facilities providing voluntary HIV 2-4 testing under Section 85.082 in each public health region to make 2-5 confidential counseling and testing available. 2-6 (b) The department may contract with public and private 2-7 entities to perform the testing as necessary according to local 2-8 circumstances. 2-9 (c) The results of a test conducted by a testing program or 2-10 department program under this section may not be used for insurance 2-11 purposes, to screen or determine suitability for employment, or to 2-12 discharge a person from employment. 2-13 (d) A person who intentionally violates Subsection (c) is 2-14 liable to a person injured by the violation. The injured person 2-15 may bring a civil action for damages and may recover for each 2-16 violation from a person who violates Subsection (c): 2-17 (1) the greater of $1,000 or actual damages; and 2-18 (2) reasonable attorney's fees. 2-19 (e) In addition to the remedies provided by Subsection (d), 2-20 the person may bring an action to restrain a violation or 2-21 threatened violation of Subsection (c). 2-22 Sec. 93.003. TRAINING OF COUNSELORS. (a) The department 2-23 shall develop and offer a training course for persons providing 2-24 hepatitis C counseling. The training course must include 2-25 information relating to the special needs of persons with positive 2-26 hepatitis C test results, including the importance of early 2-27 intervention and treatment and recognition of psychosocial needs. 3-1 (b) The department shall maintain a registry of persons who 3-2 successfully complete the training course. 3-3 (c) The department may charge a fee for the course to 3-4 persons other than employees of entities receiving state or federal 3-5 funds for hepatitis C counseling and testing programs through a 3-6 contract with the department. The board shall set the fee in an 3-7 amount necessary to cover the costs of providing the course. 3-8 (d) The department may contract for the training of 3-9 counselors. 3-10 SECTION 2. This Act takes effect September 1, 1999. 3-11 SECTION 3. The importance of this legislation and the 3-12 crowded condition of the calendars in both houses create an 3-13 emergency and an imperative public necessity that the 3-14 constitutional rule requiring bills to be read on three several 3-15 days in each house be suspended, and this rule is hereby suspended.