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.
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