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By: Van de Putte S.B. No. 399
(In the Senate - Filed February 6, 2003; February 12, 2003,
read first time and referred to Committee on Infrastructure
Development and Security; May 14, 2003, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 9,
Nays 0; May 14, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 399 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to certain reports required to be filed in connection with
certain diseases or other public health conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e), Section 81.042, Health and
Safety Code, is amended to read as follows:
(e) The following persons shall report to the local health
authority or the department a suspected case of a reportable
disease and all information known concerning the person who has or
is suspected of having the disease if a report is not made as
required by Subsections (a)-(d):
(1) a professional registered nurse;
(2) an administrator or director of a public or
private temporary or permanent child-care facility;
(3) an administrator or director of a nursing home,
personal care home, maternity home, adult respite care center, or
adult day-care center;
(4) an administrator of a home health agency;
(5) an administrator or health official of a public or
private institution of higher education;
(6) an owner or manager of a restaurant, dairy, or
other food handling or processing establishment or outlet;
(7) a superintendent, manager, or health official of a
public or private camp, home, or institution;
(8) a parent, guardian, or householder;
(9) a health professional; [or]
(10) an administrator or health official of a penal or
correctional institution; or
(11) emergency medical service personnel, a peace
officer, or a firefighter.
SECTION 2. Subchapter B, Chapter 562, Occupations Code, is
amended by adding Section 562.055 to read as follows:
Sec. 562.055. REPORT TO TEXAS DEPARTMENT OF HEALTH. A
pharmacist shall 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. Prescription-related events that require a
report include:
(1) an unusual increase in the number of prescriptions
to treat respiratory or gastrointestinal complaints or fever;
(2) an unusual increase in the number of prescriptions
for antibiotics;
(3) an unusual increase in the number of requests for
information on over-the-counter pharmaceuticals to treat
respiratory or gastrointestinal complaints or fever; and
(4) any prescription that treats a disease that is
relatively uncommon and has bioterrorism potential.
SECTION 3. Subsections (a), (b), and (c), Section 161.101,
Agriculture Code, are amended to read as follows:
(a) A veterinarian, a veterinary diagnostic laboratory, or
a person having care, custody, or control of an animal shall report
the existence of the following diseases among livestock, exotic
livestock, bison, domestic fowl, or exotic fowl to the commission
within 24 hours after diagnosis of the disease:
(1) anthrax;
(2) avian infectious laryngotracheitis;
(3) avian influenza;
(4) avian tuberculosis;
(5) chronic wasting disease;
(6) duck virus enteritis;
(7) duck virus hepatitis;
(8) equine encephalomyelitis;
(9) equine infectious anemia;
(10) infectious encephalomyelitis in poultry or other
fowl;
(11) ornithosis;
(12) paramyxovirus infection in poultry or other fowl;
or
(13) scabies in sheep or cattle.
(b) In addition to reporting required by Subsection (a), the
commission may 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 the commission within 24 hours after
diagnosis if the disease:
(1) is recognized by the United States Department of
Agriculture as a foreign animal disease;
(2) is the subject of a cooperative eradication
program with the United States Department of Agriculture;
(3) is named on "List A" of the Office International
Des Epizooties; or
(4) is the subject of a state of emergency, as declared
by the governor.
(c) The commission may 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 the commission determines
that action to be necessary for the protection of animal health in
this state. The commission shall immediately deliver a copy of a
rule adopted under this subsection to the appropriate legislative
oversight committees. A rule adopted by the commission 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.
SECTION 4. This Act takes effect September 1, 2003.
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