1-1 AN ACT
1-2 relating to a state plan for and continuing education relating to
1-3 the prevention and treatment of hepatitis C.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 93, Health and Safety Code, as added by
1-6 Chapter 823, Acts of the 76th Legislature, Regular Session, 1999,
1-7 is redesignated as Chapter 94, Health and Safety Code, and amended
1-8 to read as follows:
1-9 CHAPTER 94 [93]. STATE PLAN FOR HEPATITIS C; EDUCATION AND
1-10 PREVENTION PROGRAM [FOR HEPATITIS C]
1-11 Sec. 94.001. STATE PLAN FOR HEPATITIS C. (a) The
1-12 department shall develop a state plan for prevention and treatment
1-13 of hepatitis C. The plan must include strategies for prevention
1-14 and treatment of hepatitis C in specific demographic groups that
1-15 are disproportionately affected by hepatitis C, including persons
1-16 infected with HIV, veterans, racial or ethnic minorities that
1-17 suffer a higher incidence of hepatitis C, and persons who engage in
1-18 high risk behavior, such as intravenous drug use.
1-19 (b) In developing the plan, the department shall seek the
1-20 input of:
1-21 (1) the public, including members of the public that
1-22 have hepatitis C;
1-23 (2) each state agency that provides services to
1-24 persons with hepatitis C or the functions of which otherwise
1-25 involve hepatitis C, including any appropriate health and human
2-1 services agency described by Section 531.001, Government Code;
2-2 (3) any advisory body that addresses issues related to
2-3 hepatitis C;
2-4 (4) public advocates concerned with issues related to
2-5 hepatitis C; and
2-6 (5) providers of services to persons with hepatitis C.
2-7 (c) The department shall update the state plan developed
2-8 under this section biennially and shall, not later than October 1
2-9 of each even-numbered year, file the state plan with the governor,
2-10 lieutenant governor, and speaker of the house of representatives.
2-11 Sec. 94.002 [93.001]. HEPATITIS C EDUCATION AND PREVENTION
2-12 PROGRAM. (a) The department shall develop a program to heighten
2-13 awareness and enhance knowledge and understanding of hepatitis C.
2-14 The department shall:
2-15 (1) conduct a seroprevalence study to estimate the
2-16 current and future impact of hepatitis C on the state;
2-17 (2) conduct health education, public awareness, and
2-18 community outreach activities to promote public awareness and
2-19 knowledge about the risk factors, the value of early detection,
2-20 available screening services, and the options available for the
2-21 treatment of hepatitis C;
2-22 (3) provide training to public health clinic staff
2-23 regarding the treatment, detection, and methods of transmission of
2-24 hepatitis C;
2-25 (4) identify to health care providers and employers
2-26 the benefits of disease awareness and prevention; and
3-1 (5) develop a prevention program to reduce the risk of
3-2 transmission of hepatitis C.
3-3 (b) In developing the prevention program required by
3-4 Subsection (a)(5), the department may forecast the economic and
3-5 clinical impacts of hepatitis C and the impact of hepatitis C on
3-6 quality of life. The department may develop the forecasts in
3-7 conjunction with an academic medical center or a nonprofit
3-8 institution with experience using disease management prospective
3-9 modeling and simulation techniques.
3-10 Sec. 94.003 [93.002]. DEPARTMENT VOLUNTARY TESTING PROGRAMS.
3-11 (a) The department shall establish voluntary hepatitis C testing
3-12 programs to be performed at facilities providing voluntary HIV
3-13 testing under Section 85.082 in each public health region to make
3-14 confidential counseling and testing available.
3-15 (b) The department may contract with public and private
3-16 entities to perform the testing as necessary according to local
3-17 circumstances.
3-18 (c) The results of a test conducted by a testing program or
3-19 department program under this section may not be used for insurance
3-20 purposes, to screen or determine suitability for employment, or to
3-21 discharge a person from employment.
3-22 (d) A person who intentionally violates Subsection (c) is
3-23 liable to a person injured by the violation. The injured person
3-24 may bring a civil action for damages and may recover for each
3-25 violation from a person who violates Subsection (c):
3-26 (1) the greater of $1,000 or actual damages; and
4-1 (2) reasonable attorney's fees.
4-2 (e) In addition to the remedies provided by Subsection (d),
4-3 the person may bring an action to restrain a violation or
4-4 threatened violation of Subsection (c).
4-5 Sec. 94.004 [93.003]. TRAINING OF COUNSELORS. (a) The
4-6 department shall develop and offer a training course for persons
4-7 providing hepatitis C counseling. The training course must include
4-8 information relating to the special needs of persons with positive
4-9 hepatitis C test results, including the importance of early
4-10 intervention and treatment and recognition of psychosocial needs.
4-11 (b) The department shall maintain a registry of persons who
4-12 successfully complete the training course.
4-13 (c) The department may charge a fee for the course to
4-14 persons other than employees of entities receiving state or federal
4-15 funds for hepatitis C counseling and testing programs through a
4-16 contract with the department. The board shall set the fee in an
4-17 amount necessary to cover the costs of providing the course.
4-18 (d) The department may contract for the training of
4-19 counselors.
4-20 SECTION 2. Subchapter G, Chapter 301, Occupations Code, is
4-21 amended by adding Section 301.304 to read as follows:
4-22 Sec. 301.304. HEPATITIS C COMPONENT IN CONTINUING EDUCATION.
4-23 (a) As part of any continuing education requirements under Section
4-24 301.303, a license holder shall participate in not less than two
4-25 hours of continuing education relating to hepatitis C. This
4-26 subsection applies only to a license holder who renews a license on
5-1 or after June 1, 2002.
5-2 (b) The board shall recognize, prepare, or administer a
5-3 hepatitis C training component for use in continuing education for
5-4 license holders under Subsection (a).
5-5 (c) The training component must provide information relating
5-6 to the prevention, assessment, and treatment of hepatitis C.
5-7 (d) This section expires June 1, 2004.
5-8 SECTION 3. The change in law made by Section 301.304,
5-9 Occupations Code, as added by this Act, applies only to continuing
5-10 education offered on or after June 1, 2002.
5-11 SECTION 4. This Act takes effect immediately if it receives
5-12 a vote of two-thirds of all the members elected to each house, as
5-13 provided by Section 39, Article III, Texas Constitution. If this
5-14 Act does not receive the vote necessary for immediate effect, this
5-15 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 338 passed the Senate on
February 19, 2001, by the following vote: Yeas 30, Nays 0, one
present not voting; and that the Senate concurred in House
amendments on May 26, 2001, by the following vote: Yeas 30,
Nays 0, one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 338 passed the House, with
amendments, on May 23, 2001, by the following vote: Yeas 145,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor