HBA-MPM H.B. 1556 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1556
By: Hodge
Public Health
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

The increase in drug overdose deaths in Texas has created a need for a
system to track overdose trends.  There is currently no such system in
place.  H.B. 1556 creates a process for a treating physician or the person
in charge of a hospital, sanitorium, or other institution where a drug
overdose is treated, to report the incident to the Texas Department of
Health.  The bill requires that specific information be contained in the
report, but prohibits  identifying personal information from being included
in the report.  The bill requires the department to maintain a database of
these reports and to release statistical information at the request of
medical professionals or representatives of a law enforcement agency. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 161, Health and Safety Code, as
follows: 

SUBCHAPTER E.  New title:  REPORTS OF GUNSHOT WOUNDS 
AND CONTROLLED SUBSTANCE OVERDOSES

Sec. 161.041.  New title:  MANDATORY REPORTING OF GUNSHOT WOUNDS. 

Sec. 161.042.  MANDATORY REPORTING OF CONTROLLED SUBSTANCE OVERDOSES.  (a)
Requires certain persons to immediately report a case of overdose of a
controlled substances listed under Section 481.102 (Penalty Group 1),
Health and Safety Code to the Texas Department of Health (department).
These persons include: 

_a physician who attends or treats, or who is requested to attend or treat
the overdose, or 
_the administrator, superintendent, or other person in charge of a
hospital, sanitorium [sic], or other institution where an overdose of said
controlled substance is attended or treated, or in which the attention or
treatment is requested. [Note: "sanitorium" is found in existing Section
161.041, but it appears to be a mixture of two proper spellings,
"sanatorium" and "sanitarium."] 

(b)  Requires the physician or person reporting the overdose to include
information regarding the date of the overdose in the report, as well as
the type of controlled substance used, the sex and approximate age of the
person attended or treated or for whom treatment was sought, and the extent
of treatment.  Authorizes the physician or person making the report to
provide other demographic information concerning the person attended or
treated or for whom treatment was sought, but prohibits the disclosure of
the person's name or address or any information concerning the person's
identity. 

(c)  Provides that a hospital, sanitorium [sic], or other institution that
makes a report, or  an individual who makes a good faith report, is not
subject to civil or criminal liability for damages arising from the report.

Sec. 161.043.  Redesignated from existing Section 161.042.

Sec. 161.044.  CONTROLLED SUBSTANCE OVERDOSE INFORMATION REPOSITORY.  (a)
Requires the department to maintain a central repository for the collection
and analysis of information relating to incidents of controlled substance
overdose for which a physician or other person is required to report to the
department.  Prohibits the department from including in the repository any
information the physician or other person is precluded from reporting. 

(b) Requires the department to release statistical information contained in
the repository upon request of a medical professional or representative of
a law enforcement agency. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.