By: Madla, et al. S.B. No. 338
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a state plan for the prevention and treatment of
1-3 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. 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 Sec. 94.003 [93.002]. DEPARTMENT VOLUNTARY TESTING PROGRAMS.
3-4 (a) The department shall establish voluntary hepatitis C testing
3-5 programs to be performed at facilities providing voluntary HIV
3-6 testing under Section 85.082 in each public health region to make
3-7 confidential counseling and testing available.
3-8 (b) The department may contract with public and private
3-9 entities to perform the testing as necessary according to local
3-10 circumstances.
3-11 (c) The results of a test conducted by a testing program or
3-12 department program under this section may not be used for insurance
3-13 purposes, to screen or determine suitability for employment, or to
3-14 discharge a person from employment.
3-15 (d) A person who intentionally violates Subsection (c) is
3-16 liable to a person injured by the violation. The injured person
3-17 may bring a civil action for damages and may recover for each
3-18 violation from a person who violates Subsection (c):
3-19 (1) the greater of $1,000 or actual damages; and
3-20 (2) reasonable attorney's fees.
3-21 (e) In addition to the remedies provided by Subsection (d),
3-22 the person may bring an action to restrain a violation or
3-23 threatened violation of Subsection (c).
3-24 Sec. 94.004 [93.003]. TRAINING OF COUNSELORS. (a) The
3-25 department shall develop and offer a training course for persons
3-26 providing hepatitis C counseling. The training course must include
4-1 information relating to the special needs of persons with positive
4-2 hepatitis C test results, including the importance of early
4-3 intervention and treatment and recognition of psychosocial needs.
4-4 (b) The department shall maintain a registry of persons who
4-5 successfully complete the training course.
4-6 (c) The department may charge a fee for the course to
4-7 persons other than employees of entities receiving state or federal
4-8 funds for hepatitis C counseling and testing programs through a
4-9 contract with the department. The board shall set the fee in an
4-10 amount necessary to cover the costs of providing the course.
4-11 (d) The department may contract for the training of
4-12 counselors.
4-13 SECTION 2. This Act takes effect immediately if it receives
4-14 a vote of two-thirds of all the members elected to each house, as
4-15 provided by Section 39, Article III, Texas Constitution. If this
4-16 Act does not receive the vote necessary for immediate effect, this
4-17 Act takes effect September 1, 2001.
4-18 COMMITTEE AMENDMENT NO. 1
4-19 Amend S.B. 338 (Senate engrossment) by inserting the
4-20 following appropriately numbered SECTIONS and renumbering the
4-21 remaining SECTIONS appropriately:
4-22 SECTION ____. Subchapter G, Chapter 301, Occupations Code, is
4-23 amended by adding Section 301.304 to read as follows:
4-24 Sec. 301.304. HEPATITIS C COMPONENT IN CONTINUING EDUCATION.
4-25 (a) As part of any continuing education requirements under Section
4-26 301.303, a license holder shall participate in not less than two
5-1 hours of continuing education relating to hepatitis C. This
5-2 subsection applies only to a license holder who renews a license on
5-3 or after June 1, 2002.
5-4 (b) The board shall recognize, prepare, or administer a
5-5 hepatitis C training component for use in continuing education for
5-6 license holders under Subsection (a).
5-7 (c) The training component must provide information relating
5-8 to the prevention, assessment, and treatment of hepatitis C.
5-9 (d) This section expires June 1, 2004.
5-10 SECTION ____. The change in law made by Section 301.304,
5-11 Occupations Code, as added by this Act, applies only to continuing
5-12 education offered on or after June 1, 2002.
5-13 77R14794 MXM-D Capelo
5-14 COMMITTEE AMENDMENT NO. 2
5-15 Amend S.B. No. 338 as follows:
5-16 (1) In Section 94.002, Health and Safety Code, as amended
5-17 and redesignated by the bill, following the section heading (Senate
5-18 engrossed version, page 2, line 12), insert "(a)".
5-19 (2) At the end of Section 94.002, Health and Safety Code, as
5-20 amended and redesignated by the bill (Senate engrossed version,
5-21 page 3, between lines 2 and 3), insert the following:
5-22 (b) In developing the prevention program required by
5-23 Subsection (a)(5), the department may forecast the economic and
5-24 clinical impacts of hepatitis C and the impact of hepatitis C on
5-25 quality of life. The department may develop the forecasts in
5-26 conjunction with an academic medical center or a nonprofit
6-1 institution with experience using disease management prospective
6-2 modeling and simulation techniques.
6-3 77R9340 DLF-F Gray