By Maxey 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.