79R7099 UM-D

By:  Strama                                                       H.B. No. 3272



A BILL TO BE ENTITLED

AN ACT

relating to testing deceased persons for communicable diseases 
after an accidental exposure of certain persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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.
	(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 the hospital, certified emergency 
medical services personnel, or physician to access the deceased 
person for testing under this subsection.
	(e)  A test conducted under this section may be performed 
without the specific 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 2.  This Act takes effect September 1, 2005.