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.