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A BILL TO BE ENTITLED
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AN ACT
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relating to the testing of certain inmates for all types of |
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Hepatitis. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.0541, Government Code, is amended by |
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adding Section 501.0541to read as follows: |
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Sec. 501.0541. HEPATITIS EDUCATION; TESTING. (a) The |
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department, in consultation with the Texas Department of Health, |
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shall establish education programs to educate inmates and employees |
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of the department about Hepatitis. In establishing the programs |
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for inmates, the department shall design a program that deals with |
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issues related to Hepatitis that are relevant to inmates while |
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confined and a program that deals with issues related to Hepatitis |
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that will be relevant to inmates after the inmates are released. |
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The department shall design the programs to take into account |
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relevant cultural and other differences among inmates. The |
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department shall require each inmate in a facility operated by the |
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department to participate in education programs established under |
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this subsection. |
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(c) The department shall require each employee of the |
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department to participate in programs established under this |
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section at least once during each calendar year. |
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(d) The department shall ensure that education programs for |
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employees include information and training relating to infection |
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control procedures. The department shall also ensure that |
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employees have infection control supplies and equipment readily |
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available. |
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(e) The department, in consultation with the Texas |
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Department of Health, shall periodically revise education programs |
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established under this section so that the programs reflect the |
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latest medical information available on Hepatitis. |
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(f) The department shall adopt a policy for handling persons |
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with Hepatitis who are in the custody of the department or under the |
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department's supervision. |
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(g) The department shall maintain the confidentiality of |
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test results of an inmate indicating Hepatitis at all times, |
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including after the inmate's discharge, release from a state jail, |
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or release on parole or mandatory supervision. The department may |
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not honor the request of an agency of the state or any person who |
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requests a test result as a condition of housing or supervising the |
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inmate while the inmate is on community supervision or parole or |
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mandatory supervision, unless honoring the request would improve |
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the ability of the inmate to obtain essential health and social |
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services. |
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(h) The department shall report to the legislature not later |
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than January 15 of each odd-numbered year concerning the |
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implementation of this section and the participation of inmates and |
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employees of the department in education programs established under |
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this section. |
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(i) The department may test an inmate confined in a facility |
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operated by the correctional institutions division for Hepatitis at |
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any time, but must test: |
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(1) during the diagnostic process, an inmate for whom |
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the department does not have a record of a positive test result; and |
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(2) an inmate who is eligible for release before the |
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inmate is released from the division. |
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(j) If the department determines that an inmate has a |
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positive test result, the department may segregate the inmate from |
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other inmates. The department shall report the results of a |
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positive test to the Department of State Health Services for the |
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purposes of notification and reporting. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |