1-1 By: Madla, Moncrief S.B. No. 338
1-2 (In the Senate - Filed January 22, 2001; January 23, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 8, 2001, reported favorably by the following
1-5 vote: Yeas 8, Nays 0; February 8, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a state plan for the prevention and treatment of
1-9 hepatitis C.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 93, Health and Safety Code, as added by
1-12 Chapter 823, Acts of the 76th Legislature, Regular Session, 1999,
1-13 is redesignated as Chapter 94, Health and Safety Code, and amended
1-14 to read as follows:
1-15 CHAPTER 94 [93]. STATE PLAN FOR HEPATITIS C; EDUCATION AND
1-16 PREVENTION PROGRAM [FOR HEPATITIS C]
1-17 Sec. 94.001. STATE PLAN FOR HEPATITIS C. (a) The
1-18 department shall develop a state plan for prevention and treatment
1-19 of hepatitis C. The plan must include strategies for prevention
1-20 and treatment of hepatitis C in specific demographic groups that
1-21 are disproportionately affected by hepatitis C, including persons
1-22 infected with HIV, veterans, racial or ethnic minorities that
1-23 suffer a higher incidence of hepatitis C, and persons who engage in
1-24 high risk behavior, such as intravenous drug use.
1-25 (b) In developing the plan, the department shall seek the
1-26 input of:
1-27 (1) the public, including members of the public that
1-28 have hepatitis C;
1-29 (2) each state agency that provides services to
1-30 persons with hepatitis C or the functions of which otherwise
1-31 involve hepatitis C, including any appropriate health and human
1-32 services agency described by Section 531.001, Government Code;
1-33 (3) any advisory body that addresses issues related to
1-34 hepatitis C;
1-35 (4) public advocates concerned with issues related to
1-36 hepatitis C; and
1-37 (5) providers of services to persons with hepatitis C.
1-38 (c) The department shall update the state plan developed
1-39 under this section biennially and shall, not later than October 1
1-40 of each even-numbered year, file the state plan with the governor,
1-41 lieutenant governor, and speaker of the house of representatives.
1-42 Sec. 94.002 [93.001]. HEPATITIS C EDUCATION AND PREVENTION
1-43 PROGRAM. The department shall develop a program to heighten
1-44 awareness and enhance knowledge and understanding of hepatitis C.
1-45 The department shall:
1-46 (1) conduct a seroprevalence study to estimate the
1-47 current and future impact of hepatitis C on the state;
1-48 (2) conduct health education, public awareness, and
1-49 community outreach activities to promote public awareness and
1-50 knowledge about the risk factors, the value of early detection,
1-51 available screening services, and the options available for the
1-52 treatment of hepatitis C;
1-53 (3) provide training to public health clinic staff
1-54 regarding the treatment, detection, and methods of transmission of
1-55 hepatitis C;
1-56 (4) identify to health care providers and employers
1-57 the benefits of disease awareness and prevention; and
1-58 (5) develop a prevention program to reduce the risk of
1-59 transmission of hepatitis C.
1-60 Sec. 94.003 [93.002]. DEPARTMENT VOLUNTARY TESTING PROGRAMS.
1-61 (a) The department shall establish voluntary hepatitis C testing
1-62 programs to be performed at facilities providing voluntary HIV
1-63 testing under Section 85.082 in each public health region to make
1-64 confidential counseling and testing available.
2-1 (b) The department may contract with public and private
2-2 entities to perform the testing as necessary according to local
2-3 circumstances.
2-4 (c) The results of a test conducted by a testing program or
2-5 department program under this section may not be used for insurance
2-6 purposes, to screen or determine suitability for employment, or to
2-7 discharge a person from employment.
2-8 (d) A person who intentionally violates Subsection (c) is
2-9 liable to a person injured by the violation. The injured person
2-10 may bring a civil action for damages and may recover for each
2-11 violation from a person who violates Subsection (c):
2-12 (1) the greater of $1,000 or actual damages; and
2-13 (2) reasonable attorney's fees.
2-14 (e) In addition to the remedies provided by Subsection (d),
2-15 the person may bring an action to restrain a violation or
2-16 threatened violation of Subsection (c).
2-17 Sec. 94.004 [93.003]. TRAINING OF COUNSELORS. (a) The
2-18 department shall develop and offer a training course for persons
2-19 providing hepatitis C counseling. The training course must include
2-20 information relating to the special needs of persons with positive
2-21 hepatitis C test results, including the importance of early
2-22 intervention and treatment and recognition of psychosocial needs.
2-23 (b) The department shall maintain a registry of persons who
2-24 successfully complete the training course.
2-25 (c) The department may charge a fee for the course to
2-26 persons other than employees of entities receiving state or federal
2-27 funds for hepatitis C counseling and testing programs through a
2-28 contract with the department. The board shall set the fee in an
2-29 amount necessary to cover the costs of providing the course.
2-30 (d) The department may contract for the training of
2-31 counselors.
2-32 SECTION 2. This Act takes effect immediately if it receives
2-33 a vote of two-thirds of all the members elected to each house, as
2-34 provided by Section 39, Article III, Texas Constitution. If this
2-35 Act does not receive the vote necessary for immediate effect, this
2-36 Act takes effect September 1, 2001.
2-37 * * * * *