Texas 2015 - 84th Regular

Texas House Bill HB2770 Compare Versions

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1	1	84R14170 AJZ-F
2	2	By: Martinez H.B. No. 2770
3	3	Substitute the following for H.B. No. 2770:
4	4	By: Schaefer C.S.H.B. No. 2770
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to emergency response employees or volunteers and others
10	10	exposed or potentially exposed to certain diseases or parasites.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 18.22(a), Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	(a) A person who is arrested for a misdemeanor or felony and
15	15	who during the commission of that offense or an arrest following the
16	16	commission of that offense causes an emergency response employee or
17	17	volunteer, as defined by Section 81.003, Health and Safety Code, [a
18	18	peace officer] to come into contact with the person's bodily fluids
19	19	shall, at the direction of the court having jurisdiction over the
20	20	arrested person, undergo a medical procedure or test designed to
21	21	show or help show whether the person has a communicable disease.
22	22	The court may direct the person to undergo the procedure or test on
23	23	its own motion or on the request of the emergency response employee
24	24	or volunteer [peace officer]. If the person refuses to submit
25	25	voluntarily to the procedure or test, the court shall require the
26	26	person to submit to the procedure or test. Notwithstanding any
27	27	other law, the person performing the procedure or test shall make
28	28	the test results available to the local health authority and the
29	29	designated infection control officer of the entity that employs or
30	30	uses the services of the affected emergency response employee or
31	31	volunteer, and the local health authority or the designated
32	32	infection control officer of the affected employee or volunteer
33	33	shall notify the emergency response employee or volunteer [peace
34	34	officer] of the test result. The state may not use the fact that a
35	35	medical procedure or test was performed on a person under this
36	36	article, or use the results of the procedure or test, in any
37	37	criminal proceeding arising out of the alleged offense.
38	38	SECTION 2. Section 607.102, Government Code, is amended to
39	39	read as follows:
40	40	Sec. 607.102. NOTIFICATION. An [A firefighter or]
41	41	emergency response employee or volunteer, as defined by Section
42	42	81.003, Health and Safety Code, [medical technician] who is exposed
43	43	to methicillin-resistant Staphylococcus aureus or a disease caused
44	44	by a select agent or toxin identified or listed under 42 C.F.R.
45	45	Section 73.3 is entitled to receive notification of the exposure in
46	46	the manner prescribed by Section 81.048, Health and Safety Code.
47	47	SECTION 3. Section 81.003, Health and Safety Code, is
48	48	amended by adding Subdivisions (1-a) and (1-b) and amending
49	49	Subdivision (8) to read as follows:
50	50	(1-a) "Emergency response employee or volunteer"
51	51	means an individual acting in the course and scope of employment or
52	52	service as a volunteer as emergency medical service personnel, a
53	53	peace officer, a detention officer, a county jailer, or a fire
54	54	fighter.
55	55	(1-b) "Designated infection control officer" means
56	56	the person serving as an entity's designated infection control
57	57	officer under Section 81.012.
58	58	(8) "Reportable disease" means a [includes only a]
59	59	disease that is designated as [or condition included in the list of]
60	60	reportable under Section 81.048 [diseases].
61	61	SECTION 4. Subchapter A, Chapter 81, Health and Safety
62	62	Code, is amended by adding Sections 81.012 and 81.013 to read as
63	63	follows:
64	64	Sec. 81.012. DESIGNATED INFECTION CONTROL OFFICER. (a) An
65	65	entity that employs or uses the services of an emergency response
66	66	employee or volunteer shall nominate a designated infection control
67	67	officer and an alternate designated infection control officer to:
68	68	(1) receive notification of a potential exposure to a
69	69	reportable disease from a health care facility;
70	70	(2) notify the appropriate health care providers of a
71	71	potential exposure to a reportable disease;
72	72	(3) act as a liaison between the entity's emergency
73	73	response employees or volunteers who may have been exposed to a
74	74	reportable disease during the course and scope of employment or
75	75	service as a volunteer and the destination hospital of the patient
76	76	who was the source of the potential exposure;
77	77	(4) investigate and evaluate an exposure incident,
78	78	using current evidence-based information on the possible risks of
79	79	communicable disease presented by the exposure incident; and
80	80	(5) monitor all follow-up treatment provided to the
81	81	affected emergency response employee or volunteer, in accordance
82	82	with applicable federal, state, and local law.
83	83	(b) The executive commissioner by rule shall prescribe the
84	84	qualifications required for a person to be eligible to be
85	85	designated as an infection control officer under this section. The
86	86	qualifications must include a requirement that the person be
87	87	trained as a health care provider or have training in the control of
88	88	infectious and communicable diseases.
89	89	(c) The entity that employs or uses the services of an
90	90	emergency response employee or volunteer is responsible for
91	91	notifying the local health authorities or local health care
92	92	facilities, according to any local rules or procedures, that the
93	93	entity has a designated infection control officer or alternate
94	94	designated infection control officer.
95	95	Sec. 81.013. CONSIDERATION OF FEDERAL LAW AND REGULATIONS.
96	96	The executive commissioner shall review the Ryan White HIV/AIDS
97	97	Treatment Extension Act of 2009 (Pub. L. No. 111-87) or any
98	98	successor law and any regulations adopted under the law and
99	99	determine whether adopting by rule any part of the federal law or
100	100	regulations is in the best interest of the state to further achieve
101	101	the purposes of this chapter. If the executive commissioner
102	102	determines that adopting the federal law or regulations is in the
103	103	best interest of the state to further achieve the purposes of this
104	104	chapter, the executive commissioner may by rule adopt all or a part
105	105	of the federal law or regulations.
106	106	SECTION 5. Section 81.046(c), Health and Safety Code, is
107	107	amended to read as follows:
108	108	(c) Medical or epidemiological information may be released:
109	109	(1) for statistical purposes if released in a manner
110	110	that prevents the identification of any person;
111	111	(2) with the consent of each person identified in the
112	112	information;
113	113	(3) to medical personnel treating the individual,
114	114	appropriate state agencies in this state or another state, a health
115	115	authority or local health department in this state or another
116	116	state, or federal, county, or district courts to comply with this
117	117	chapter and related rules relating to the control and treatment of
118	118	communicable diseases and health conditions or under another state
119	119	or federal law that expressly authorizes the disclosure of this
120	120	information;
121	121	(4) to appropriate federal agencies, such as the
122	122	Centers for Disease Control and Prevention of the United States
123	123	Public Health Service, but the information must be limited to the
124	124	name, address, sex, race, and occupation of the patient, the date of
125	125	disease onset, the probable source of infection, and other
126	126	requested information relating to the case or suspected case of a
127	127	communicable disease or health condition; [or]
128	128	(5) to medical personnel to the extent necessary in a
129	129	medical emergency to protect the health or life of the person
130	130	identified in the information; or
131	131	(6) to a designated infection control officer.
132	132	SECTION 6. The heading to Section 81.048, Health and Safety
133	133	Code, is amended to read as follows:
134	134	Sec. 81.048. NOTIFICATION OF EMERGENCY RESPONSE EMPLOYEE OR
135	135	VOLUNTEER [PERSONNEL, PEACE OFFICERS, DETENTION OFFICERS, COUNTY
136	136	JAILERS, AND FIRE FIGHTERS].
137	137	SECTION 7. Sections 81.048(b) and (c), Health and Safety
138	138	Code, and Section 81.048(g), Health and Safety Code, as amended by
139	139	S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are
140	140	amended to read as follows:
141	141	(b) Notice of a positive or negative test result for a
142	142	reportable disease designated under Subsection (a) shall be given
143	143	to an emergency response employee or volunteer [medical service
144	144	personnel, peace officer, detention officer, county jailer, or fire
145	145	fighter] as provided by this section if:
146	146	(1) the emergency response employee or volunteer
147	147	[medical service personnel, peace officer, detention officer,
148	148	county jailer, or fire fighter] delivered a person to a hospital as
149	149	defined by Section 74.001, Civil Practice and Remedies Code;
150	150	(2) the hospital has knowledge that the person has a
151	151	reportable disease and has medical reason to believe that the
152	152	person had the disease when the person was admitted to the hospital;
153	153	and
154	154	(3) the emergency response employee or volunteer
155	155	[medical service personnel, peace officer, detention officer,
156	156	county jailer, or fire fighter] was exposed to the reportable
157	157	disease during the course and scope of the person's employment or
158	158	service as a volunteer [of duty].
159	159	(c) Notice of the possible exposure shall be given:
160	160	(1) by the hospital to the local health authority;
161	161	(2) by the hospital to the designated infection
162	162	control officer of [local health authority to the director of the
163	163	appropriate department of] the entity that employs or uses the
164	164	services of the affected emergency response employee or volunteer
165	165	[emergency medical service personnel, peace officer, detention
166	166	officer, county jailer, or fire fighter]; and
167	167	(3) by the local health authority or the designated
168	168	infection control officer of the entity that employs or uses the
169	169	services of the affected emergency response employee or volunteer
170	170	[director] to the employee or volunteer affected.
171	171	(g) A hospital that gives notice of a possible exposure
172	172	under Subsection (c) or a local health authority or designated
173	173	infection control officer that receives notice of a possible
174	174	exposure under Subsection (c) may give notice of the possible
175	175	exposure to a person other than the affected emergency response
176	176	employee or volunteer [emergency medical personnel, a peace
177	177	officer, a detention officer, a county jailer, or a fire fighter] if
178	178	the person demonstrates that the person was exposed to the
179	179	reportable disease while providing emergency care. The executive
180	180	commissioner shall adopt rules to implement this subsection.
181	181	SECTION 8. Section 81.050(b), Health and Safety Code, as
182	182	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
183	183	2015, and Section 81.050(h), Health and Safety Code, are amended to
184	184	read as follows:
185	185	(b) A person whose occupation or whose volunteer service is
186	186	included in one or more of the following categories may request the
187	187	department or a health authority to order testing of another person
188	188	who may have exposed the person to a reportable disease:
189	189	(1) a law enforcement officer;
190	190	(2) a fire fighter;
191	191	(3) an emergency medical service employee or
192	192	paramedic;
193	193	(4) a correctional officer;
194	194	(5) an employee, contractor, or volunteer, other than
195	195	a correctional officer, who performs a service in a correctional
196	196	facility as defined by Section 1.07, Penal Code, or a secure
197	197	correctional facility or secure detention facility as defined by
198	198	Section 51.02, Family Code; [or]
199	199	(6) an employee of a juvenile probation department; or
200	200	(7) any other emergency response employee or
201	201	volunteer.
202	202	(h) The department or the department's designee shall
203	203	inform the person who requested the order and the designated
204	204	infection control officer of the person who requested the order, if
205	205	that person is an emergency response employee or volunteer, of the
206	206	results of the test. If the person subject to the order is found to
207	207	have a reportable disease, the department or the department's
208	208	designee shall inform that person and the person who requested the
209	209	order of the need for medical follow-up and counseling services.
210	210	The department or the department's designee shall develop protocols
211	211	for coding test specimens to ensure that any identifying
212	212	information concerning the person tested will be destroyed as soon
213	213	as the testing is complete.
214	214	SECTION 9. Sections 81.095(a) and (b), Health and Safety
215	215	Code, are amended to read as follows:
216	216	(a) In a case of accidental exposure of a health care worker
217	217	to blood or other body fluids of a patient in a licensed hospital,
218	218	the hospital, following a report of the exposure incident, shall
219	219	take reasonable steps to test the patient for hepatitis B, [or]
220	220	hepatitis C, HIV, or any reportable disease.
221	221	(b) This subsection applies only in a case of accidental
222	222	exposure of certified emergency medical services personnel, an
223	223	emergency response employee or volunteer [a firefighter, a peace
224	224	officer], or a first responder who renders assistance at the scene
225	225	of an emergency or during transport to the hospital to blood or
226	226	other body fluids of a patient who is transported to a licensed
227	227	hospital. The hospital receiving the patient, following a report
228	228	of the exposure incident, shall take reasonable steps to test the
229	229	patient for hepatitis B, [or] hepatitis C, HIV, or any reportable
230	230	disease if the report shows there is significant risk to the person
231	231	exposed. The organization that employs the person or for which the
232	232	person works as a volunteer in connection with rendering the
233	233	assistance is responsible for paying the costs of the test. The
234	234	hospital shall provide the test results to the department or to the
235	235	local health authority and to the designated infection control
236	236	officer of the entity employing or using the services of an affected
237	237	emergency response employee or volunteer, which are responsible for
238	238	following the procedures prescribed by Section 81.050(h) to inform
239	239	the person exposed and, if applicable, the patient regarding the
240	240	test results. The hospital shall follow applicable reporting
241	241	requirements prescribed by Subchapter C. This subsection does not
242	242	impose a duty on a hospital to provide any further testing,
243	243	treatment, or services or to perform further procedures.
244	244	SECTION 10. Section 81.0955(a), Health and Safety Code, and
245	245	Section 89.055(b), Health and Safety Code, as amended by S.B. 219,
246	246	Acts of the 84th Legislature, Regular Session, 2015, are amended to
247	247	read as follows:
248	248	(a) This section applies only to the accidental exposure to
249	249	the blood or other body fluids of a person who dies at the scene of
250	250	an emergency or during transport to the hospital involving an
251	251	emergency response employee or volunteer [certified emergency
252	252	medical services personnel, a firefighter, a peace officer,] or
253	253	another [a] first responder who renders assistance at the scene of
254	254	an emergency or during transport of a person to the hospital.
255	255	(b) A hospital, certified emergency medical services
256	256	personnel, a justice of the peace, a medical examiner, or a
257	257	physician on behalf of the person exposed, following a report of the
258	258	exposure incident, shall take reasonable steps to have [test] the
259	259	deceased person tested for reportable [communicable] diseases. The
260	260	hospital, certified emergency medical services personnel, justice
261	261	of the peace, medical examiner, or physician shall provide the test
262	262	results to the department or to the local health authority and to
263	263	the designated infection control officer of an affected emergency
264	264	response employee or volunteer responsible for following the
265	265	procedures prescribed by Section 81.050(h) to inform the person
266	266	exposed, and, if applicable, the department or the local health
267	267	authority shall inform the next of kin of the deceased person
268	268	regarding the test results. The hospital, certified emergency
269	269	medical services personnel, medical examiner, or physician shall
270	270	follow applicable reporting requirements prescribed by Subchapter
271	271	C. This subsection does not impose a duty on a hospital, certified
272	272	emergency medical services personnel, a medical examiner, or a
273	273	physician to provide any further testing, treatment, or services or
274	274	to perform further procedures. This subsection does not impose a
275	275	duty on a justice of the peace to order that further testing,
276	276	treatment, or services be provided or further procedures be
277	277	performed. The executive commissioner shall adopt rules to
278	278	implement this subsection.
279	279	SECTION 11. Section 81.103(b), Health and Safety Code, is
280	280	amended to read as follows:
281	281	(b) A test result may be released to:
282	282	(1) the department under this chapter;
283	283	(2) a local health authority if reporting is required
284	284	under this chapter;
285	285	(3) the Centers for Disease Control and Prevention of
286	286	the United States Public Health Service if reporting is required by
287	287	federal law or regulation;
288	288	(4) the physician or other person authorized by law
289	289	who ordered the test;
290	290	(5) a physician, nurse, or other health care personnel
291	291	who have a legitimate need to know the test result in order to
292	292	provide for their protection and to provide for the patient's
293	293	health and welfare;
294	294	(6) the person tested or a person legally authorized
295	295	to consent to the test on the person's behalf;
296	296	(7) the spouse of the person tested if the person tests
297	297	positive for AIDS or HIV infection, antibodies to HIV, or infection
298	298	with any other probable causative agent of AIDS;
299	299	(8) a person authorized to receive test results under
300	300	Article 21.31, Code of Criminal Procedure, concerning a person who
301	301	is tested as required or authorized under that article;
302	302	(9) a person exposed to HIV infection as provided by
303	303	Section 81.050; [and]
304	304	(10) a county or district court to comply with this
305	305	chapter or rules relating to the control and treatment of
306	306	communicable diseases and health conditions; and
307	307	(11) a designated infection control officer of an
308	308	affected emergency response employee or volunteer.
309	309	SECTION 12. Section 81.107(a), Health and Safety Code, as
310	310	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
311	311	2015, is amended to read as follows:
312	312	(a) In a case of accidental exposure to blood or other body
313	313	fluids under Section 81.102(a)(5)(D), the health care agency or
314	314	facility may test a person who may have exposed the health care
315	315	worker or other emergency response employee or volunteer to HIV
316	316	without the person's specific consent to the test.
317	317	SECTION 13. Not later than December 1, 2015, the executive
318	318	commissioner of the Health and Human Services Commission shall
319	319	adopt the rules required by Section 81.012, Health and Safety Code,
320	320	as added by this Act.
321	321	SECTION 14. This Act takes effect September 1, 2015.