AN ACT
1-1 relating to reports of overdoses of certain controlled substances
1-2 to the Texas Department of Health; creating an offense.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter E, Chapter 161, Health and Safety
1-5 Code, is amended to read as follows:
1-6 SUBCHAPTER E. REPORTS OF GUNSHOT WOUNDS AND CONTROLLED
1-7 SUBSTANCE OVERDOSES
1-8 Sec. 161.041. MANDATORY REPORTING OF GUNSHOT WOUNDS. A
1-9 physician who attends or treats, or who is requested to attend or
1-10 treat, a bullet or gunshot wound, or the administrator,
1-11 superintendent, or other person in charge of a hospital,
1-12 sanitorium, or other institution in which a bullet or gunshot wound
1-13 is attended or treated or in which the attention or treatment is
1-14 requested, shall report the case at once to the law enforcement
1-15 authority of the municipality or county in which the physician
1-16 practices or in which the institution is located.
1-17 Sec. 161.042. MANDATORY REPORTING OF CONTROLLED SUBSTANCE
1-18 OVERDOSES. (a) A physician who attends or treats, or who is
1-19 requested to attend or treat, an overdose of a controlled substance
1-20 listed in Penalty Group 1 under Section 481.102, or the
1-21 administrator, superintendent, or other person in charge of a
1-22 hospital, sanitorium, or other institution in which an overdose of
1-23 a controlled substance listed in Penalty Group 1 under Section
1-24 481.102 is attended or treated or in which the attention or
2-1 treatment is requested, shall report the case at once to the
2-2 department.
2-3 (b) A physician or other person who reports an overdose of a
2-4 controlled substance under this section shall include in the report
2-5 information regarding the date of the overdose, the type of
2-6 controlled substance used, the sex and approximate age of the
2-7 person attended or treated for the overdose or for whom treatment
2-8 was sought, the symptoms associated with the overdose, the extent
2-9 of treatment made necessary by the overdose, and the patient
2-10 outcome. The physician or other person making the report may
2-11 provide other demographic information concerning the person
2-12 attended or treated or for whom treatment was sought but may not
2-13 disclose the person's name or address or any other information
2-14 concerning the person's identity.
2-15 (c) A hospital, sanitorium, or other institution that makes
2-16 a report under this section is not subject to civil or criminal
2-17 liability for damages arising out of the report. An individual who
2-18 makes a good-faith report under this section is not subject to
2-19 civil or criminal liability for damages arising out of the report.
2-20 Sec. 161.043. CRIMINAL PENALTY. (a) A person commits an
2-21 offense if the person is required to report under this subchapter
2-22 and intentionally fails to report.
2-23 (b) An offense under this section is a misdemeanor
2-24 punishable by confinement in jail for not more than six months or
2-25 by a fine of not more than $100.
2-26 Sec. 161.044. CONTROLLED SUBSTANCE OVERDOSE INFORMATION
3-1 REPOSITORY. (a) The department shall maintain a central
3-2 repository for the collection and analysis of information relating
3-3 to incidents of a controlled substance overdose for which a
3-4 physician or other person is required to report to the department
3-5 under Section 161.042. The department may not include in the
3-6 repository any information the physician or other person is
3-7 precluded from reporting under that section.
3-8 (b) The department shall release statistical information
3-9 contained in the central repository on the request of a medical
3-10 professional or representative of a law enforcement agency.
3-11 SECTION 2. This Act takes effect September 1, 1999.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 43 passed the Senate on
March 23, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 43 passed the House on
April 23, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor