S.B. 399 78(R)    BILL ANALYSIS


S.B. 399
By: Van de Putte
Public Health
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under Current Texas law, the state has a duty to protect the public
health, including overseeing the rapid detection of and effective response
to bio-terrorism and other emergency health threats. 
S.B. 399  amends portions of the Health and Safety Code, the Occupations
Code, and the Agriculture Code to require reports to be filed with certain
local and state agencies in connection with certain diseases and other
public health concerns.  

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Animal Health Commission in SECTION  3 (Section
161.101, Agriculture Code) of this bill. 

ANALYSIS

Amends the  Health and Safety Code, to include emergency medical service
personnel, a peace officer, or a firefighter in the list of individuals
required to report to the local health authority or the Texas Department
of Health a suspected case of a reportable disease and all information
known concerning the person.   

Amends the Occupations Code, by requiring a pharmacist to report any
unusual or increased prescription rates, unusual types of prescriptions,
or unusual trends in pharmacy visits that may be caused by bioterrorism,
epidemic or pandemic disease, or novel and highly fatal infectious agents
or biological toxins, that might pose a substantial risk of a significant
number of human fatalities or incidents of permanent or long-term
disability.  Provides a list of prescription-related events that require a
report. 

Amends the Agriculture Code to require a veterinarian, a veterinary
diagnostic laboratory, or a person having care, custody, or control of an
animal to report the existence of certain diseases among livestock, exotic
livestock, bison, domestic fowl, or exotic fowl to the Texas Animal Health
Commission (TAHC) within 24 hours after diagnosis of the diseases.
Authorizes TAHC  to adopt rules that require a veterinarian, a veterinary
diagnostic laboratory, or a person having care, custody, or control of an
animal to report the existence of a disease other than bluetongue in an
animal to TAHC within 24 hours after diagnosis if the disease meets
certain requirements.  Authorizes TAHC to adopt rules that require a
veterinarian, a veterinary diagnostic laboratory, or a person having care,
custody, or control of an animal to report a disease not covered by
Subsection (a) or (b) if TAHC determines that action to be necessary for
the protection of animal health in this state.  Requires TAHC to
immediately deliver a copy of a rule adopted under this subsection to the
appropriate legislative oversight committees.  Provides that a rule
adopted by TAHC under this subsection expires on the first day after the
last day of the first regular legislative session that begins after
adoption of the rule unless the rule is continued in effect by act of the
legislature. 

EFFECTIVE DATE

September 1, 2003