By:  Carona                                             S.B. No. 99
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to testing for accidental exposure to hepatitis B or
 1-2     hepatitis C.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter E, Chapter 81, Health and Safety Code,
 1-5     is amended by adding Section 81.095 to read as follows:
 1-6           Sec. 81.095.  TESTING FOR ACCIDENTAL EXPOSURE.  (a)  In a
 1-7     case of accidental exposure of a health care worker to blood or
 1-8     other body fluids of a patient in a licensed hospital, the
 1-9     hospital, following a report of the exposure incident, shall test
1-10     the patient for hepatitis B or hepatitis C without the patient's
1-11     specific consent to the test.
1-12           (b)  The hospital shall have a policy concerning the
1-13     disclosure of the result of the testing as authorized or required
1-14     by law.
1-15           (c)  The hospital shall abide by all patient confidentiality
1-16     standards as set out in Section 81.046.
1-17           SECTION 2.  This Act takes effect September 1, 1999.
1-18           SECTION 3.  The importance of this legislation and the
1-19     crowded condition of the calendars in both houses create an
1-20     emergency and an imperative public necessity that the
1-21     constitutional rule requiring bills to be read on three several
1-22     days in each house be suspended, and this rule is hereby suspended.
1-23                          COMMITTEE AMENDMENT NO. 1
1-24           Amend S.B. 99 as follows:
 2-1           (1)  In SECTION 1 of the bill, in added Section 81.095(a),
 2-2     Health and Safety Code (Engrossed version, lines 8 through 9),
 2-3     strike "the hospital," and substitute "state medical school, or
 2-4     state teaching hospital, the facility,".
 2-5           (2)  In SECTION 1 of the bill, in added Section 81.095(b),
 2-6     Health and Safety Code (Engrossed version, line 12), strike
 2-7     "hospital" and substitute "facility".
 2-8           (3)  In SECTION 1 of the bill, in added Section 81.095(c),
 2-9     Health and Safety Code (Engrossed version, line 15), strike
2-10     "hospital" and substitute "facility".
2-11     76R14679 CMR-D                                                 Gray
2-12                          COMMITTEE AMENDMENT NO. 2
2-13           Amend S.B. No. 99 by striking Subsection (a), Section 81.095,
2-14     Health and Safety Code, as added by SECTION 1 of the bill (lines
2-15     6-11, senate engrossment) and substituting the following:
2-16           (a)  In a case of accidental exposure of a health care worker
2-17     to blood or other body fluids of a patient in a licensed hospital,
2-18     the hospital, following a report of the exposure incident, shall
2-19     take reasonable steps to test the patient for hepatitis B or
2-20     hepatitis C.  A test conducted under this section may be performed
2-21     without the patient's specific consent.
2-22     76R13851 CMR-D                                                 Gray