| 1 | 1 | | 2023S0286-1 03/09/23 |
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| 2 | 2 | | By: Paxton S.B. No. 2445 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of latex gloves by certain health care and food |
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| 8 | 8 | | service personnel. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle G, Title 4, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Chapter 328 to read as follows: |
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| 12 | 12 | | CHAPTER 328. USE OF LATEX GLOVES IN CERTAIN HEALTH CARE FACILITIES |
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| 13 | 13 | | Sec. 328.001. DEFINITION. In this chapter, "health care |
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| 14 | 14 | | facility" means a hospital, emergency clinic, outpatient clinic, |
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| 15 | 15 | | birthing center, or ambulatory surgical center. |
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| 16 | 16 | | Sec. 328.002. USE OF LATEX GLOVES. Except as provided by |
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| 17 | 17 | | Section 328.003, an individual providing patient care in a health |
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| 18 | 18 | | care facility shall, to the extent possible, prioritize using |
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| 19 | 19 | | non-latex gloves when treating a patient. |
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| 20 | 20 | | Sec. 328.003. EXCEPTION. Section 328.002 does not apply |
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| 21 | 21 | | during a crisis or supply chain disruption affecting the health |
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| 22 | 22 | | care facility's ability to reliably source non-latex gloves. |
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| 23 | 23 | | SECTION 2. Section 438.034, Health and Safety Code, is |
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| 24 | 24 | | amended by adding Subsections (c), (d), and (e) to read as follows: |
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| 25 | 25 | | (c) Except as provided by Subsections (d) and (e), if a food |
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| 26 | 26 | | service establishment receives notice that someone on the property |
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| 27 | 27 | | has a latex allergy, the employees of the food service |
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| 28 | 28 | | establishment who handle food or unsealed food containers offered |
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| 29 | 29 | | for public sale or consumption shall, to the extent possible, |
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| 30 | 30 | | prioritize using available non-latex gloves while handling the food |
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| 31 | 31 | | or containers. This provision does not create a private cause of |
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| 32 | 32 | | action or change any common law or statutory duty. |
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| 33 | 33 | | (d) Subsection (c) does not apply during a crisis or supply |
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| 34 | 34 | | chain disruption affecting the food service establishment's |
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| 35 | 35 | | ability to reliably source non-latex gloves. |
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| 36 | 36 | | (e) Subsection (c) does not apply to a food service |
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| 37 | 37 | | establishment that is located in a hospital or primarily provides |
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| 38 | 38 | | services to a hospital. |
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| 39 | 39 | | SECTION 3. Subchapter A, Chapter 773, Health and Safety |
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| 40 | 40 | | Code, is amended by adding Section 773.018 to read as follows: |
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| 41 | 41 | | Sec. 773.018. PROHIBITED USE OF LATEX GLOVES. (a) Except |
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| 42 | 42 | | as provided by Subsections (b) and (d), emergency medical services |
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| 43 | 43 | | personnel may not use latex gloves when providing emergency medical |
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| 44 | 44 | | care to an individual. |
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| 45 | 45 | | (b) Subsection (a) does not apply during a crisis or supply |
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| 46 | 46 | | chain disruption affecting the ability of emergency medical |
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| 47 | 47 | | services personnel to reliably source non-latex gloves. |
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| 48 | 48 | | (c) During a crisis or supply chain disruption described by |
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| 49 | 49 | | Subsection (b), emergency medical services personnel shall, to the |
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| 50 | 50 | | extent possible, prioritize using available non-latex gloves to |
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| 51 | 51 | | treat a patient who: |
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| 52 | 52 | | (1) indicates the patient has a latex allergy; or |
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| 53 | 53 | | (2) is unconscious or otherwise physically unable to |
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| 54 | 54 | | communicate and whose medical history: |
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| 55 | 55 | | (A) indicates the patient has a latex allergy; or |
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| 56 | 56 | | (B) is insufficient to indicate whether the |
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| 57 | 57 | | patient has a latex allergy. |
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| 58 | 58 | | (d) This section does not apply to emergency medical |
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| 59 | 59 | | services personnel employed by a hospital. |
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| 60 | 60 | | SECTION 4. As soon as practicable after the effective date |
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| 61 | 61 | | of this Act, the executive commissioner of the Health and Human |
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| 62 | 62 | | Services Commission may adopt rules necessary to implement the |
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| 63 | 63 | | changes in law made by this Act. |
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| 64 | 64 | | SECTION 5. Notwithstanding Sections 328.002, 438.034(c), |
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| 65 | 65 | | and 773.018(a), Health and Safety Code, as added by this Act, |
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| 66 | 66 | | individuals providing patient care in a health care facility, |
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| 67 | 67 | | employees of a food service establishment, or emergency medical |
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| 68 | 68 | | services personnel are not required to comply with those provisions |
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| 69 | 69 | | until January 1, 2024. |
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| 70 | 70 | | SECTION 6. This Act takes effect September 1, 2023. |
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