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