By Madla S.B. No. 338
77R2968 DLF-D
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
2-1 involve hepatitis C, including any appropriate health and human
2-2 services agency described by Section 531.001, Government Code;
2-3 (3) any advisory body that addresses issues related to
2-4 hepatitis C;
2-5 (4) public advocates concerned with issues related to
2-6 hepatitis C; and
2-7 (5) providers of services to persons with hepatitis C.
2-8 (c) The department shall update the state plan developed
2-9 under this section biennially and shall, not later than October 1
2-10 of each even-numbered year, file the state plan with the governor,
2-11 lieutenant governor, and speaker of the house of representatives.
2-12 Sec. 94.002 [93.001]. HEPATITIS C EDUCATION AND PREVENTION
2-13 PROGRAM. The department shall develop a program to heighten
2-14 awareness and enhance knowledge and understanding of hepatitis C.
2-15 The department shall:
2-16 (1) conduct a seroprevalence study to estimate the
2-17 current and future impact of hepatitis C on the state;
2-18 (2) conduct health education, public awareness, and
2-19 community outreach activities to promote public awareness and
2-20 knowledge about the risk factors, the value of early detection,
2-21 available screening services, and the options available for the
2-22 treatment of hepatitis C;
2-23 (3) provide training to public health clinic staff
2-24 regarding the treatment, detection, and methods of transmission of
2-25 hepatitis C;
2-26 (4) identify to health care providers and employers
2-27 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
3-27 information relating to the special needs of persons with positive
4-1 hepatitis C test results, including the importance of early
4-2 intervention and treatment and recognition of psychosocial needs.
4-3 (b) The department shall maintain a registry of persons who
4-4 successfully complete the training course.
4-5 (c) The department may charge a fee for the course to
4-6 persons other than employees of entities receiving state or federal
4-7 funds for hepatitis C counseling and testing programs through a
4-8 contract with the department. The board shall set the fee in an
4-9 amount necessary to cover the costs of providing the course.
4-10 (d) The department may contract for the training of
4-11 counselors.
4-12 SECTION 2. This Act takes effect immediately if it receives
4-13 a vote of two-thirds of all the members elected to each house, as
4-14 provided by Section 39, Article III, Texas Constitution. If this
4-15 Act does not receive the vote necessary for immediate effect, this
4-16 Act takes effect September 1, 2001.