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By:  McCall                                                       H.B. No. 162



A BILL TO BE ENTITLED

AN ACT

relating to notifying certain providers of emergency care of 
possible exposure to certain reportable diseases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 81.048, Health and Safety 
Code, is amended to read as follows:
	Sec. 81.048.  NOTIFICATION OF EMERGENCY PERSONNEL, PEACE 
OFFICERS, DETENTION OFFICERS, COUNTY JAILERS, AND FIRE FIGHTERS.
	SECTION 2.  Section 81.048, Health and Safety Code, is 
amended by amending Subsections (b) and (c) and adding Subsection 
(g) to read as follows:
	(b)  Notice of a positive test result for a reportable 
disease designated under Subsection (a) shall be given to an 
emergency medical service personnel, peace officer, detention 
officer, county jailer, or fire fighter as provided by this section 
if:
		(1)  the emergency medical service personnel, peace 
officer, detention officer, county jailer, or fire fighter 
delivered a person to a hospital as defined by Section 74.001, Civil 
Practice and Remedies Code [1.03, Medical Liability and Insurance 
Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 
Statutes)];
		(2)  the hospital has knowledge that the person has a 
reportable disease and has medical reason to believe that the 
person had the disease when the person was admitted to the hospital; 
and
		(3)  the emergency medical service personnel, peace 
officer, detention officer, county jailer, or fire fighter was 
exposed to the reportable disease during the course of duty.
	(c)  Notice of the possible exposure shall be given:                           
		(1)  by the hospital to the local health authority;                           
		(2)  by the local health authority to the director of 
the appropriate department of the entity that employs the emergency 
medical service personnel, peace officer, detention officer, 
county jailer, or fire fighter; and
		(3)  by the director to the employee affected.                                
	(g)  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) may give notice 
of the possible exposure to a person other than emergency medical 
personnel, a peace officer, a detention officer, a county jailer, 
or a fire fighter if the person demonstrates that the person was 
exposed to the reportable disease while providing emergency care.  
The executive commissioner of the Health and Human Services 
Commission shall adopt rules to implement this subsection.
	SECTION 3.  This Act takes effect September 1, 2005.