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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of latex gloves by certain health care and food |
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service personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 4, Health and Safety Code, is |
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amended by adding Chapter 328 to read as follows: |
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CHAPTER 328. USE OF LATEX GLOVES IN CERTAIN HEALTH CARE FACILITIES |
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Sec. 328.001. DEFINITION. In this chapter, "health care |
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facility" means a hospital, emergency clinic, outpatient clinic, |
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birthing center, or ambulatory surgical center. |
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Sec. 328.002. USE OF LATEX GLOVES. Except as provided by |
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Section 328.003, an individual providing patient care in a health |
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care facility shall, to the extent possible, prioritize using |
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non-latex gloves when treating a patient. |
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Sec. 328.003. EXCEPTION. Section 328.002 does not apply |
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during a crisis or supply chain disruption affecting the health |
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care facility's ability to reliably source non-latex gloves. |
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SECTION 2. Section 438.034, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) Except as provided by Subsections (d) and (e), if a food |
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service establishment receives notice that someone on the property |
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has a latex allergy, the employees of the food service |
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establishment who handle food or unsealed food containers offered |
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for public sale or consumption shall, to the extent possible, |
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prioritize using available non-latex gloves while handling the food |
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or containers. This provision does not create a private cause of |
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action or change any common law or statutory duty. |
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(d) Subsection (c) does not apply during a crisis or supply |
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chain disruption affecting the food service establishment's |
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ability to reliably source non-latex gloves. |
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(e) Subsection (c) does not apply to a food service |
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establishment that is located in a hospital or primarily provides |
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services to a hospital. |
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SECTION 3. Subchapter A, Chapter 773, Health and Safety |
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Code, is amended by adding Section 773.018 to read as follows: |
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Sec. 773.018. PROHIBITED USE OF LATEX GLOVES. (a) Except |
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as provided by Subsections (b) and (d), emergency medical services |
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personnel may not use latex gloves when providing emergency medical |
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care to an individual. |
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(b) Subsection (a) does not apply during a crisis or supply |
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chain disruption affecting the ability of emergency medical |
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services personnel to reliably source non-latex gloves. |
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(c) During a crisis or supply chain disruption described by |
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Subsection (b), emergency medical services personnel shall, to the |
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extent possible, prioritize using available non-latex gloves to |
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treat a patient who: |
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(1) indicates the patient has a latex allergy; or |
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(2) is unconscious or otherwise physically unable to |
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communicate and whose medical history: |
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(A) indicates the patient has a latex allergy; or |
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(B) is insufficient to indicate whether the |
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patient has a latex allergy. |
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(d) This section does not apply to emergency medical |
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services personnel employed by a hospital. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission may adopt rules necessary to implement the |
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changes in law made by this Act. |
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SECTION 5. Notwithstanding Sections 328.002, 438.034(c), |
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and 773.018(a), Health and Safety Code, as added by this Act, |
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individuals providing patient care in a health care facility, |
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employees of a food service establishment, or emergency medical |
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services personnel are not required to comply with those provisions |
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until January 1, 2024. |
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SECTION 6. This Act takes effect September 1, 2023. |