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