| 2 | | - | (In the Senate - Filed March 10, 2021; March 24, 2021, read |
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| 3 | | - | first time and referred to Committee on Health & Human Services; |
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| 4 | | - | May 13, 2021, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 5, Nays 4; May 13, 2021, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 1489 By: Perry |
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| 9 | 2 | | |
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| 10 | 3 | | |
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| 11 | 4 | | A BILL TO BE ENTITLED |
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| 12 | 5 | | AN ACT |
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| 13 | 6 | | relating to the provision of information regarding COVID-19 |
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| 14 | 7 | | prevention and treatment to individuals receiving a COVID-19 viral |
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| 15 | 8 | | test. |
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| 16 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 17 | 10 | | SECTION 1. Chapter 81, Health and Safety Code, is amended by |
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| 18 | 11 | | adding Subchapter K to read as follows: |
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| 19 | 12 | | SUBCHAPTER K. COVID-19 TESTING, PREVENTION, AND TREATMENT |
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| 20 | 13 | | Sec. 81.451. DEFINITIONS. In this subchapter: |
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| 21 | 14 | | (1) "COVID-19" means the 2019 novel coronavirus |
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| 22 | 15 | | disease. |
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| 23 | | - | (2) "Health care provider" means a person who is |
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| 24 | | - | licensed, certified, or otherwise authorized to provide COVID-19 |
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| 25 | | - | viral testing. |
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| 16 | + | (2) "Health care facility" means a hospital, |
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| 17 | + | freestanding emergency medical care facility, urgent care or retail |
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| 18 | + | clinic, outpatient clinic, birthing center, ambulatory surgical |
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| 19 | + | center, or other facility that is licensed to provide health care |
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| 20 | + | services in this state, or any facility or location providing |
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| 21 | + | COVID-19 testing. |
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| 26 | 22 | | Sec. 81.452. COVID-19 PREVENTION AND TREATMENT |
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| 27 | 23 | | INFORMATION. The department shall post on the department's |
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| 28 | 24 | | Internet website a printable brochure containing information about |
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| 29 | 25 | | preventative measures and treatments for COVID-19. The brochure |
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| 30 | 26 | | must include the following information: |
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| 31 | 27 | | (1) methods for improving the functioning of an |
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| 32 | 28 | | individual's immune system; |
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| 33 | 29 | | (2) the importance of therapeutic prevention of |
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| 34 | 30 | | COVID-19, including the use of nutraceuticals, the use of |
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| 44 | | - | Sec. 81.453. REQUIREMENTS FOR HEALTH CARE PROVIDERS. A |
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| 45 | | - | health care provider that performs a COVID-19 viral test on an |
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| 46 | | - | individual shall, at the time the provider performs the test, |
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| 47 | | - | provide a printed or electronic copy of the brochure described by |
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| 48 | | - | Section 81.452 to the individual receiving the test. |
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| 40 | + | Sec. 81.453. REQUIREMENTS FOR HEALTH CARE FACILITIES. A |
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| 41 | + | health care facility that provides a COVID-19 viral test to an |
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| 42 | + | individual shall require the facility employee who performs the |
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| 43 | + | test to, at the time the employee performs the test: |
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| 44 | + | (1) provide a copy of the brochure described by |
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| 45 | + | Section 81.452 to the individual receiving the test; or |
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| 46 | + | (2) convey the information contained in the brochure |
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| 47 | + | to the individual receiving the test verbally, in a clearly |
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| 48 | + | audible, easily understandable, and intelligible manner. |
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| 49 | 49 | | SECTION 2. As soon as practicable after the effective date |
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| 50 | 50 | | of this Act, the Department of State Health Services shall develop |
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| 51 | 51 | | and post on the department's Internet website the brochure required |
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| 52 | 52 | | by Section 81.452, Health and Safety Code, as added by this Act. |
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| 53 | 53 | | SECTION 3. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2021. |
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