HBA-JRA S.B. 567 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 567
By: Moncrief
Public Health
4/28/1999
Engrossed



BACKGROUND AND PURPOSE 

According to the AIDS outreach center, confidentiality breaches regarding
HIV test results have increased. The Texas Department of Health recently
switched to a name-based identifier system effective January 1, 1999.  As
of yet, no lawsuits resulting from the breaches of confidentiality have
been documented.  This may be due in part to the low civil penalty imposed
on such violations.  S.B. 567 increases the minimum civil penalty for
disclosure of test results from $1,000 to $5,000. 

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
HBA-JRA S.B. 567 76(R)   
SECTION 1.  Amends Sections 81.104(b) and (c), Health and Safety Code, to
provide that a person who violates Section 81.102 (Tests; Criminal Penalty)
or who is found in a civil action to have negligently released or disclosed
a test result or allowed a test result to become known in violation of
Section 81.103 (Confidentiality; Criminal Penalty) is liable for a civil
penalty of not more than $5,000, rather than $1,000.  Provides that a
person who is found in a civil action to have wilfully released or
disclosed a test result or allowed a test result to become known in
violation of Section 81.103 is liable for a civil penalty of no less than
$5,000, rather than $1,000, but no more than $10,000, rather than $5,000. 

SECTION 2.  Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 3.  Emergency clause.