By Shapiro S.B. No. 43
76R1137 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reports of overdoses of controlled substances to law
1-3 enforcement authorities; creating an offense.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The title of Subchapter E, Chapter 161, Health
1-6 and Safety Code, is amended to read as follows:
1-7 SUBCHAPTER E. REPORTS OF GUNSHOT WOUNDS AND CONTROLLED
1-8 SUBSTANCE OVERDOSES
1-9 SECTION 2. Section 161.041, Health and Safety Code, is
1-10 amended to read as follows:
1-11 Sec. 161.041. MANDATORY REPORTING. (a) A physician who
1-12 attends or treats, or who is requested to attend or treat, a bullet
1-13 or gunshot wound or an overdose of a controlled substance as that
1-14 term is defined by Section 481.002, or the administrator,
1-15 superintendent, or other person in charge of a hospital,
1-16 sanitorium, or other institution in which a bullet or gunshot
1-17 wound, or an overdose of a controlled substance as that term is
1-18 defined by Section 481.002, is attended or treated or in which the
1-19 attention or treatment is requested shall report the case at once
1-20 to the law enforcement authority of the municipality or county in
1-21 which the physician practices or in which the institution is
1-22 located.
1-23 (b) A physician or other person who reports an overdose of a
1-24 controlled substance under Subsection (a) shall include in the
2-1 report information regarding the date of the overdose, the type of
2-2 controlled substance used, the sex and approximate age of the
2-3 person attended or treated for the overdose, and the extent of
2-4 treatment made necessary by the overdose. The physician or other
2-5 person making the report may provide other demographic information
2-6 concerning the person attended or treated but may not disclose the
2-7 person's name or address or any other information concerning the
2-8 person's identity.
2-9 SECTION 3. Subchapter D, Chapter 411, Government Code, is
2-10 amended by adding Section 411.048 to read as follows:
2-11 Sec. 411.048. REPORTING RELATED TO CONTROLLED SUBSTANCE
2-12 OVERDOSES. (a) The department shall maintain a central repository
2-13 for the collection and analysis of information relating to
2-14 incidents of a controlled substance overdose for which a physician
2-15 or other person is required to report to local law enforcement
2-16 under Section 161.041, Health and Safety Code.
2-17 (b) The department by rule shall adopt procedures for local
2-18 law enforcement to provide to the department information regarding
2-19 reports made under Subsection (a).
2-20 (c) The department shall include in the central repository
2-21 information regarding the date of the overdose, the type of
2-22 controlled substance used, the sex and approximate age of the
2-23 person treated for the overdose, and the extent of treatment made
2-24 necessary by the overdose. The central repository may include
2-25 other demographic information concerning the person attended or
2-26 treated but may not include the person's name or address or any
2-27 other information concerning the person's identity.
3-1 (d) The department shall release statistical information
3-2 contained in the central repository on the request of a medical
3-3 professional or representative of a law enforcement agency.
3-4 SECTION 4. This Act takes effect on September 1, 1999.
3-5 SECTION 5. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.