Texas 2009 - 81st Regular

Texas Senate Bill SB1816 Compare Versions

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1	1	By: Van de Putte S.B. No. 1816
2	2	(In the Senate - Filed March 11, 2009; March 20, 2009, read
3	3	first time and referred to Committee on Health and Human Services;
4	4	May 5, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 9, Nays 0; May 5, 2009, sent
6	6	to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1816 By: Uresti
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the pilot program for reporting of methicillin-resistant
13	13	Staphylococcus aureus infections.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 81.0445, Health and Safety Code, is
16	16	amended to read as follows:
17	17	Sec. 81.0445. MRSA REPORTING PROCEDURES PILOT PROGRAM.
18	18	(a) The executive commissioner of the Health and Human Services
19	19	Commission by rule shall develop and the department shall establish
20	20	a pilot program to research and implement procedures for reporting
21	21	cases of methicillin-resistant Staphylococcus aureus (MRSA)
22	22	infection. A health authority shall not be required to participate
23	23	in the pilot program.
24	24	(b) A health authority that participates in the pilot
25	25	program shall administer the program locally and report to the
26	26	department as required by this section [The department shall select
27	27	to administer the program a health authority that:
28	28	[(1) demonstrates an interest in hosting the program;
29	29	and
30	30	[(2) possesses adequate resources to administer the
31	31	program successfully].
32	32	(c) The pilot program must:
33	33	(1) require all clinical laboratories, including
34	34	hospital laboratories and clinical reference laboratories, within
35	35	the area served by each [the] health authority participating in the
36	36	pilot program to report all positive cases of methicillin-resistant
37	37	Staphylococcus aureus infection, including infections contracted
38	38	in a community setting, a health care facility, and any other
39	39	setting, to the applicable health authority using automated and
40	40	secure electronic data transmission [pilot program administrator];
41	41	(2) track the prevalence of methicillin-resistant
42	42	Staphylococcus aureus infections;
43	43	(3) evaluate [study] the cost and feasibility of
44	44	expanding the list of reportable diseases established under this
45	45	chapter to include methicillin-resistant Staphylococcus aureus
46	46	infections;
47	47	(4) develop a methodology for the electronic transfer
48	48	[exchange] of information regarding [the occurrence of]
49	49	methicillin-resistant Staphylococcus aureus infections within the
50	50	area served by each [the] health authority participating in the
51	51	pilot program;
52	52	(5) collect data and analyze findings regarding the
53	53	prevalence [sources and possible prevention] of
54	54	methicillin-resistant Staphylococcus aureus infections;
55	55	(6) provide for the reporting to the public by the
56	56	department of information regarding methicillin-resistant
57	57	Staphylococcus aureus infections;
58	58	(7) compile and make available to the public a summary
59	59	report[, by location, of the infections reported]; and
60	60	(8) make recommendations to the department regarding
61	61	Subdivisions (1) through (7).
62	62	(d) Not later than September 1, 2011 [2009], the department,
63	63	in consultation with each [the] health authority participating in
64	64	[administering] the pilot program, shall submit to the legislature
65	65	a report concerning the effectiveness of the pilot program [in
66	66	tracking and reducing the number of methicillin-resistant
67	67	Staphylococcus aureus infections within the area served by the
68	68	health authority].
69	69	(d-1) A health care facility located in an area served by a
70	70	health authority participating in the pilot program is not required
71	71	to report an incident of methicillin-resistant Staphylococcus
72	72	aureus infection to the Department of State Health Services under
73	73	Section 98.103, as added by Chapter 359 (S.B. 288), Acts of the 80th
74	74	Legislature, Regular Session, 2007. The health authority shall
75	75	report each incident subject to Section 98.103 to the Department of
76	76	State Health Services.
77	77	(e) This section expires, and the pilot program is
78	78	abolished, September 1, 2011 [2009].
79	79	SECTION 2. Section 98.103, Health and Safety Code, as added
80	80	by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
81	81	Session, 2007, is amended by adding Subsection (e) to read as
82	82	follows:
83	83	(e) Effective September 1, 2009, this section does not apply
84	84	to the reporting of methicillin-resistant Staphylococcus aureus
85	85	infections by a health care facility located in an area served by a
86	86	health authority participating in the pilot program established
87	87	under Section 81.0445. This subsection expires September 1, 2011.
88	88	SECTION 3. (a) Except as provided by Subsection (b) of
89	89	this section, this Act takes effect immediately if it receives a
90	90	vote of two-thirds of all the members elected to each house, as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect on the 91st day after the last day of the
94	94	legislative session.
95	95	(b) The change in law made by this Act to Subsection (d),
96	96	Section 81.0445, Health and Safety Code, takes effect September 1,
97	97	2009.
98	98	* * * * *