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By: McCall (Senate Sponsor - Carona) H.B. No. 162
(In the Senate - Received from the House March 21, 2005;
March 30, 2005, read first time and referred to Committee on Health
and Human Services; May 5, 2005, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 8, Nays
0; May 5, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 162 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures related to the possible exposure to
certain 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. Subchapter E, Chapter 81, Health and Safety
Code, is amended by adding Section 81.0955 to read as follows:
Sec. 81.0955. TESTING FOR ACCIDENTAL EXPOSURE INVOLVING A
DECEASED PERSON. (a) This section applies only to the accidental
exposure to the blood or other body fluids of a person who dies at
the scene of an emergency or during transport to the hospital
involving 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 of a
person to the hospital.
(b) A hospital, certified emergency medical services
personnel, or a physician on behalf of the person exposed,
following a report of the exposure incident, shall take reasonable
steps to test the deceased person for communicable diseases. The
hospital, certified emergency medical services personnel, or
physician shall provide the test results to the department or to the
local health authority responsible for following the procedures
prescribed by Section 81.050(h) to inform the person exposed and,
if applicable, the next of kin of the deceased person regarding the
test results. The hospital, certified emergency medical services
personnel, or physician shall follow applicable reporting
requirements prescribed by Subchapter C. This subsection does not
impose a duty on a hospital, certified emergency medical services
personnel, or a physician to provide any further testing,
treatment, or services or to perform further procedures. The
executive commissioner of the Health and Human Services Commission
shall adopt rules to implement this subsection.
(c) The organization that employs the exposed person or for
which the exposed person works as a volunteer in connection with
rendering the assistance is responsible for paying the costs of the
test.
(d) If the deceased person is delivered to a funeral
establishment as defined in Section 651.001, Occupations Code,
before a hospital, certified emergency medical services personnel,
or a physician has tested the deceased person, the funeral
establishment shall allow, if requested by the hospital, certified
emergency medical services personnel, or a physician, access to the
deceased person for testing under this section.
(e) A test conducted under this section may be performed
without the consent of the next of kin of the deceased person being
tested.
(f) A hospital, certified emergency medical services
personnel, or a physician that conducts a test under this section
must comply with the confidentiality requirements of Section 81.046
except as specifically provided by this section.
SECTION 4. This Act takes effect September 1, 2005.
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