1-1     By:  Shapiro, Carona, Lucio                             S.B. No. 43
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 9, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; March 9, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 43                   By:  Shapiro
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to reports of overdoses of certain controlled substances
1-11     to the Texas Department of Health; creating an offense.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter E, Chapter 161, Health and Safety
1-14     Code, is amended to read as follows:
1-15           SUBCHAPTER E.  REPORTS OF GUNSHOT WOUNDS AND CONTROLLED
1-16                             SUBSTANCE OVERDOSES
1-17           Sec. 161.041.  MANDATORY REPORTING OF GUNSHOT WOUNDS.  A
1-18     physician who attends or treats, or who is requested to attend or
1-19     treat, a bullet or gunshot wound, or the administrator,
1-20     superintendent, or other person in charge of a hospital,
1-21     sanitorium, or other institution in which a bullet or gunshot wound
1-22     is attended or treated or in which the attention or treatment is
1-23     requested, shall report the case at once to the law enforcement
1-24     authority of the municipality or county in which the physician
1-25     practices or in which the institution is located.
1-26           Sec. 161.042.  MANDATORY REPORTING OF CONTROLLED SUBSTANCE
1-27     OVERDOSES.  (a)  A physician who attends or treats, or who is
1-28     requested to attend or treat, an overdose of a controlled substance
1-29     listed in Penalty Group 1 under Section 481.102, or the
1-30     administrator, superintendent, or other person in charge of a
1-31     hospital, sanitorium, or other institution in which an overdose of
1-32     a controlled substance listed in Penalty Group 1 under Section
1-33     481.102 is attended or treated or in which the attention or
1-34     treatment is requested, shall report the case at once to the
1-35     department.
1-36           (b)  A physician or other person who reports an overdose of a
1-37     controlled substance under this section shall include in the report
1-38     information regarding the date of the overdose, the type of
1-39     controlled substance used, the sex and approximate age of the
1-40     person attended or treated for the overdose or for whom treatment
1-41     was sought, the symptoms associated with the overdose, the extent
1-42     of treatment made necessary by the overdose, and the patient
1-43     outcome.  The physician or other person making the report may
1-44     provide other demographic information concerning the person
1-45     attended or treated or for whom treatment was sought but may not
1-46     disclose the person's name or address or any other information
1-47     concerning the person's identity.
1-48           (c)  A hospital, sanitorium, or other institution that makes
1-49     a report under this section is not subject to civil or criminal
1-50     liability for damages arising out of the report.  An individual who
1-51     makes a good-faith report under this section is not subject to
1-52     civil or criminal liability for damages arising out of the report.
1-53           Sec. 161.043.  CRIMINAL PENALTY.  (a)  A person commits an
1-54     offense if the person is required to report under this subchapter
1-55     and intentionally fails to report.
1-56           (b)  An offense under this section is a misdemeanor
1-57     punishable by confinement in jail for not more than six months or
1-58     by a fine of not more than $100.
1-59           Sec. 161.044.  CONTROLLED SUBSTANCE OVERDOSE INFORMATION
1-60     REPOSITORY.  (a)  The department shall maintain a central
1-61     repository for the collection and analysis of information relating
1-62     to incidents of a controlled substance overdose for which a
1-63     physician or other person is required to report to the department
1-64     under Section 161.042.  The department may not include in the
 2-1     repository any information the physician or other person is
 2-2     precluded from reporting under that section.
 2-3           (b)  The department shall release statistical information
 2-4     contained in the central repository on the request of a medical
 2-5     professional or representative of a law enforcement agency.
 2-6           SECTION 2.  This Act takes effect September 1, 1999.
 2-7           SECTION 3.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended.
2-12                                  * * * * *