HBA-MPM S.B. 43 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 43 By: Shapiro Public Health 3/31/1999 Engrossed BACKGROUND AND PURPOSE Currently, there is no reliable, accurate system to track and identify drug trends and drug use in Texas, because hospitals and medical professionals are not required by law to report overdoses of serious drugs. Drug trends are currently tracked by the federal government and the Texas Commission on Alcohol and Drug Abuse, but the statistics are taken from sample data, and a more accurate representation of drug use in Texas could be provided from a more comprehensive set of data. S.B. 43 requires physicians and persons in charge of certain medical institutions to report an overdose of certain controlled substances to the Texas Department of Health. This bill further prohibits the individual reporting the overdose from including any identifying information with respect to the person treated. 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. Makes no other change. Sec. 161.042. MANDATORY REPORTING OF CONTROLLED SUBSTANCE OVERDOSES. (a) Requires a physician attending or treating, or who is requested to attend or treat, an overdose of a controlled substance listed in Penalty Group 1 under Section 481.102 (Penalty Group 1), Health and Safety Code, or the administrator, superintendent, or other person in charge of a hospital, sanitorium, or other institution in which an overdose of a controlled substance listed under that section is attended or treated or in which the attention or treatment is requested, to report the case at once to the Texas Department of Health (department). (b) Requires a physician or other person reporting an overdose of a controlled substance under this section to include in the report information regarding the overdose date, type of controlled substance used, sex and approximate age of the person attended or treated or for whom treatment was sought, the symptoms associated with the overdose, the extent of treatment necessary, and the patient's outcome. Authorizes the physician or person making the report to provide other demographic information concerning the patient, but prohibits the physician or person making the report from disclosing the patient's identifying information. (c) Provides that a hospital, sanitorium, or other institution making a report under this section is not subject to civil or criminal liability for damages arising from the report, nor is an individual making a good-faith report subject to civil or criminal liability for damages arising from the report. Sec. 161.043. CRIMINAL PENALTY. Redesignated from 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 a controlled substance overdose for which a physician or other person is required to report to the department under Section 161.042, Health and Safety Code. Prohibits the department from including in the repository any identifying information regarding patients treated. (b) Requires the department to release statistical information contained in the central repository on the request of a medical professional or representative of a law enforcement agency. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.