H.B. No. 1362
AN ACT
relating to the pilot program for reporting of
methicillin-resistant Staphylococcus aureus infections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.0445, Health and Safety Code, is
amended to read as follows:
Sec. 81.0445. MRSA REPORTING PROCEDURES PILOT PROGRAM. (a)
The executive commissioner of the Health and Human Services
Commission by rule shall develop and the department shall establish
a pilot program to research and implement procedures for reporting
cases of methicillin-resistant Staphylococcus aureus (MRSA)
infection. A health authority shall not be required to participate
in the pilot program.
(b) A health authority that participates in the pilot
program shall administer the program locally and report to the
department as required by this section. [The department shall
select to administer the program a health authority that:
[(1) demonstrates an interest in hosting the program;
and
[(2) possesses adequate resources to administer the
program successfully.]
(c) The pilot program must:
(1) require all clinical laboratories, including
hospital laboratories and clinical reference laboratories, within
the area served by each [the] health authority participating in the
pilot program to report all positive cases of methicillin-resistant
Staphylococcus aureus infection, including infections contracted
in a community setting, a health care facility, and any other
setting, to the applicable health authority using automated and
secure electronic data transmission [pilot program administrator];
(2) track the prevalence of methicillin-resistant
Staphylococcus aureus infections;
(3) evaluate [study] the cost and feasibility of
expanding the list of reportable diseases established under this
chapter to include methicillin-resistant Staphylococcus aureus
infections;
(4) develop a methodology for the electronic transfer
[exchange] of information regarding [the occurrence of]
methicillin-resistant Staphylococcus aureus infections within the
area served by each [the] health authority participating in the
pilot program;
(5) collect data and analyze findings regarding the
prevalence [sources and possible prevention] of
methicillin-resistant Staphylococcus aureus infections;
(6) provide for the reporting to the public by the
department of information regarding methicillin-resistant
Staphylococcus aureus infections;
(7) compile and make available to the public a summary
report[, by location, of the infections reported]; and
(8) make recommendations to the department regarding
Subdivisions (1) through (7).
(d) Not later than September 1, 2011 [2009], the department,
in consultation with each [the] health authority participating in
[administering] the pilot program, shall submit to the legislature
a report concerning the effectiveness of the pilot program [in
tracking and reducing the number of methicillin-resistant
Staphylococcus aureus infections within the area served by the
health authority].
(d-1) A health care facility located in an area served by a
health authority participating in the pilot program is not required
to report an incident of methicillin-resistant Staphylococcus
aureus infection to the Department of State Health Services under
Section 98.103, as added by Chapter 359 (S.B. 288), Acts of the 80th
Legislature, Regular Session, 2007. The health authority shall
report each incident subject to Section 98.103 to the Department of
State Health Services.
(e) This section expires, and the pilot program is
abolished, September 1, 2011 [2009].
SECTION 2. Section 98.103, Health and Safety Code, as added
by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
Session, 2007, is amended by adding Subsection (e) to read as
follows:
(e) Effective September 1, 2009, this section does not apply
to the reporting of methicillin-resistant Staphylococcus aureus
infections by a health care facility located in an area served by a
health authority participating in the pilot program established
under Section 81.0445. This subsection expires September 1, 2011.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect on the 91st day after the last day of the legislative
session.
(b) The change in law made by this Act to Section
81.0445(d), Health and Safety Code, takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1362 was passed by the House on May 4,
2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1362 on May 23, 2009, by the following vote: Yeas 139, Nays 5,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1362 was passed by the Senate, with
amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor