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.
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