BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 162

                                                                                                                           By: McCall (Carona)

                                                                                                                  Health & Human Services

                                                                                                                                            4/18/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, persons who stop and render aid in an emergency situation cannot obtain information regarding possible exposure to a reportable disease while providing emergency care.  However, emergency personnel, peace officers, and firefighters are currently informed by hospitals and local health authorities in such situations. 

 

As proposed, H.B. 162 allows hospitals or local health authorities to notify detention officers, county jailers, and other individuals that they may have contracted a reportable disease from an injured person. 

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 2 (Section 81.048, Health and Safety Code) of this bill.   

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends the heading to Section 81.048, Health and Safety Code, to read as follows:

 

Sec. 81.048.  NOTIFICATION OF EMERGENCY PERSONNEL, PEACE OFFICERS, DETENTION OFFICERS, COUNTY JAILERS, AND FIRE FIGHTERS. 

 

SECTION 2.  Amends Section 81.048, Health and Safety Code, by amending Subsections (b) and (c) and adding Subsection (g), as follows:

 

(b) Requires a notice of a positive test result for a reportable disease designated under Subsection (a) to be given to an emergency medical service personnel, peace officer, detention officer, county jailer, or fire fighter as provided by this section.  Makes conforming changes.    

 

            (c) Makes a conforming change. 

 

(g) Authorizes a hospital that gives notice of a possible exposure under Subsection (c) or a local health authority that receives notice of a possible exposure under Subsection (c) to give notice of the possible exposure to a person other than certain persons if the person demonstrates that the person was exposed to the reportable disease while providing emergency care.  Requires the executive commissioner of the Health and Human Services Commission to adopt rules to implement this subsection.    

 

SECTION 3.  Effective date: September 1, 2005.