HBA-JEK, MPM H.B. 518 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 518 By: Grusendorf Public Health 2/10/2001 Introduced BACKGROUND AND PURPOSE Hepatitis A is a generally less serious form of the hepatitis disease, but it can pose a risk to those with weakened or immature immune systems. According to the National Center for Disease Control and Prevention (CDC), there is no specific treatment for the hepatitis A virus infection, although it can be treated and managed. A safe and effective vaccination can prevent hepatitis A. Because hepatitis A can be transmitted through contaminated food, food handlers play a critical role in hepatitis A transmission. House Bill 518 requires food service workers to be immunized against hepatitis A in order to protect the public health. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Health in SECTION 1 (Section 438.038, Health and Safety Code) and SECTION 2 of this bill. ANALYSIS House Bill 518 amends the Health and Safety Code to require hepatitis A vaccines for food service employees. The bill prohibits a person from handling food, utensils, dishes, or serving implements that are for public sale or for the consumption or use by another unless the person has been immunized against hepatitis A. The bill does not require immunization if the person is an active member of the United States armed forces, or if the person submits to an employer: _an affidavit or certificate signed by a licensed physician stating it is the physician's opinion that the immunization would be injurious to the health and well-being of the person or any member of the person's family or household; or _an affidavit signed by the person, or the person's parent or guardian if the person is a minor, stating that the immunization conflicts with the tenets and practice of a recognized church or religious denomination of which the person is an adherent or member. This exemption does not apply in times of emergency or epidemic declared by the commissioner of public health. The bill requires a local government authority that issues food handler permits to revoke or refuse to renew a permit issued to a person who is in violation of the provisions of the bill. The bill provides that a food service establishment, retail food store, mobile food unit, or roadside food vendor that employs a person who violates these provisions is subject to the same consequence as would be imposed for a violation of the permitting law applicable to these businesses or of a rule adopted under the permitting law. A person is not required to comply with the requirements of this bill before January 1, 2002. The bill requires the Texas Department of Health to adopt rules no later than December 1, 2001 for the scheduling of hepatitis A vaccinations for food service employees. EFFECTIVE DATE September 1, 2001.