By:  Van de Putte                                                 S.B. No. 401
	(In the Senate - Filed February 6, 2003; February 17, 2003, 
read first time and referred to Committee on Health and Human 
Services; April 2, 2003, reported favorably by the following vote:  
Yeas 7, Nays 0; April 2, 2003, sent to printer.)


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.



* * * * *