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 * * * * *