1-1 By: Maxey, et al. (Senate Sponsor - Nelson) H.B. No. 1652 1-2 (In the Senate - Received from the House May 6, 1999; 1-3 May 7, 1999, read first time and referred to Committee on Health 1-4 Services; May 13, 1999, reported favorably, as amended, by the 1-5 following vote: Yeas 5, Nays 0; May 13, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Nelson 1-7 Amend H.B. 1652, adding an appropriately numbered SECTION to 1-8 read as follows: 1-9 "SECTION 3. This Act takes effect only if a specific 1-10 appropriation for the implementation of this Act is provided in 1-11 H.B. No. 1 (General Appropriations Act), Acts of the 76th 1-12 Legislature, Regular Session, 1999. If no specific appropriation 1-13 is provided in H.B. No. 1, the General Appropriations Act, this Act 1-14 has no effect." 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to an education and prevention program for hepatitis C. 1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-19 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is 1-20 amended by adding Chapter 93 to read as follows: 1-21 CHAPTER 93. EDUCATION AND PREVENTION PROGRAM FOR HEPATITIS C 1-22 Sec. 93.001. HEPATITIS C EDUCATION AND PREVENTION PROGRAM. 1-23 The department shall develop a program to heighten awareness and 1-24 enhance knowledge and understanding of hepatitis C. The department 1-25 shall: 1-26 (1) conduct a seroprevalence study to estimate the 1-27 current and future impact of hepatitis C on the state; 1-28 (2) conduct health education, public awareness, and 1-29 community outreach activities to promote public awareness and 1-30 knowledge about the risk factors, the value of early detection, 1-31 available screening services, and the options available for the 1-32 treatment of hepatitis C; 1-33 (3) provide training to public health clinic staff 1-34 regarding the treatment, detection, and methods of transmission of 1-35 hepatitis C; 1-36 (4) identify to health care providers and employers 1-37 the benefits of disease awareness and prevention; and 1-38 (5) develop a prevention program to reduce the risk of 1-39 transmission of hepatitis C. 1-40 Sec. 93.002. DEPARTMENT VOLUNTARY TESTING PROGRAMS. (a) 1-41 The department shall establish voluntary hepatitis C testing 1-42 programs to be performed at facilities providing voluntary HIV 1-43 testing under Section 85.082 in each public health region to make 1-44 confidential counseling and testing available. 1-45 (b) The department may contract with public and private 1-46 entities to perform the testing as necessary according to local 1-47 circumstances. 1-48 (c) The results of a test conducted by a testing program or 1-49 department program under this section may not be used for insurance 1-50 purposes, to screen or determine suitability for employment, or to 1-51 discharge a person from employment. 1-52 (d) A person who intentionally violates Subsection (c) is 1-53 liable to a person injured by the violation. The injured person 1-54 may bring a civil action for damages and may recover for each 1-55 violation from a person who violates Subsection (c): 1-56 (1) the greater of $1,000 or actual damages; and 1-57 (2) reasonable attorney's fees. 1-58 (e) In addition to the remedies provided by Subsection (d), 1-59 the person may bring an action to restrain a violation or 1-60 threatened violation of Subsection (c). 1-61 Sec. 93.003. TRAINING OF COUNSELORS. (a) The department 1-62 shall develop and offer a training course for persons providing 1-63 hepatitis C counseling. The training course must include 2-1 information relating to the special needs of persons with positive 2-2 hepatitis C test results, including the importance of early 2-3 intervention and treatment and recognition of psychosocial needs. 2-4 (b) The department shall maintain a registry of persons who 2-5 successfully complete the training course. 2-6 (c) The department may charge a fee for the course to 2-7 persons other than employees of entities receiving state or federal 2-8 funds for hepatitis C counseling and testing programs through a 2-9 contract with the department. The board shall set the fee in an 2-10 amount necessary to cover the costs of providing the course. 2-11 (d) The department may contract for the training of 2-12 counselors. 2-13 SECTION 2. This Act takes effect September 1, 1999. 2-14 SECTION 3. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended. 2-19 * * * * *