By: Van de Putte, Gallegos S.B. No. 401
A BILL TO BE ENTITLED
AN ACT
relating to testing certain public safety personnel for accidental
exposure to hepatitis B or hepatitis C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 81.095, Health and
Safety Code, is amended to read as follows:
(b) This subsection applies only in a case of accidental
exposure of certified emergency medical services personnel, a
firefighter, a peace officer, or a first responder who renders
assistance at the scene of an emergency or during transport to the
hospital to blood or other body fluids of a patient who is
transported to a licensed hospital. The hospital receiving the
patient, following a report of the exposure incident, shall take
reasonable steps to test the patient for hepatitis B or hepatitis C
if the report shows there is significant risk to the person exposed.
The [person exposed, or the] organization that employs the person
or for which the person works as a volunteer in connection with
rendering the assistance[,] is responsible for paying the costs of
the test. The hospital shall provide the test results to the
department or to the local health authority, which are responsible
for following the procedures prescribed by Section 81.050(h) to
inform the person exposed and, if applicable, the patient regarding
the test results. The hospital shall follow applicable reporting
requirements prescribed by Subchapter C. This subsection does not
impose a duty on a hospital to provide any further testing,
treatment, or services or to perform further procedures.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.