2023S0286-1 03/09/23
By: Paxton S.B. No. 2445
A BILL TO BE ENTITLED
AN ACT
relating to the use of latex gloves by certain health care and food
service personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 4, Health and Safety Code, is
amended by adding Chapter 328 to read as follows:
CHAPTER 328. USE OF LATEX GLOVES IN CERTAIN HEALTH CARE FACILITIES
Sec. 328.001. DEFINITION. In this chapter, "health care
facility" means a hospital, emergency clinic, outpatient clinic,
birthing center, or ambulatory surgical center.
Sec. 328.002. USE OF LATEX GLOVES. Except as provided by
Section 328.003, an individual providing patient care in a health
care facility shall, to the extent possible, prioritize using
non-latex gloves when treating a patient.
Sec. 328.003. EXCEPTION. Section 328.002 does not apply
during a crisis or supply chain disruption affecting the health
care facility's ability to reliably source non-latex gloves.
SECTION 2. Section 438.034, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) Except as provided by Subsections (d) and (e), if a food
service establishment receives notice that someone on the property
has a latex allergy, the employees of the food service
establishment who handle food or unsealed food containers offered
for public sale or consumption shall, to the extent possible,
prioritize using available non-latex gloves while handling the food
or containers. This provision does not create a private cause of
action or change any common law or statutory duty.
(d) Subsection (c) does not apply during a crisis or supply
chain disruption affecting the food service establishment's
ability to reliably source non-latex gloves.
(e) Subsection (c) does not apply to a food service
establishment that is located in a hospital or primarily provides
services to a hospital.
SECTION 3. Subchapter A, Chapter 773, Health and Safety
Code, is amended by adding Section 773.018 to read as follows:
Sec. 773.018. PROHIBITED USE OF LATEX GLOVES. (a) Except
as provided by Subsections (b) and (d), emergency medical services
personnel may not use latex gloves when providing emergency medical
care to an individual.
(b) Subsection (a) does not apply during a crisis or supply
chain disruption affecting the ability of emergency medical
services personnel to reliably source non-latex gloves.
(c) During a crisis or supply chain disruption described by
Subsection (b), emergency medical services personnel shall, to the
extent possible, prioritize using available non-latex gloves to
treat a patient who:
(1) indicates the patient has a latex allergy; or
(2) is unconscious or otherwise physically unable to
communicate and whose medical history:
(A) indicates the patient has a latex allergy; or
(B) is insufficient to indicate whether the
patient has a latex allergy.
(d) This section does not apply to emergency medical
services personnel employed by a hospital.
SECTION 4. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission may adopt rules necessary to implement the
changes in law made by this Act.
SECTION 5. Notwithstanding Sections 328.002, 438.034(c),
and 773.018(a), Health and Safety Code, as added by this Act,
individuals providing patient care in a health care facility,
employees of a food service establishment, or emergency medical
services personnel are not required to comply with those provisions
until January 1, 2024.
SECTION 6. This Act takes effect September 1, 2023.