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AN ACT |
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relating to the pilot program for reporting of |
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methicillin-resistant Staphylococcus aureus infections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.0445, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 81.0445. MRSA REPORTING PROCEDURES PILOT PROGRAM. (a) |
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The executive commissioner of the Health and Human Services |
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Commission by rule shall develop and the department shall establish |
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a pilot program to research and implement procedures for reporting |
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cases of methicillin-resistant Staphylococcus aureus (MRSA) |
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infection. A health authority shall not be required to participate |
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in the pilot program. |
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(b) A health authority that participates in the pilot |
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program shall administer the program locally and report to the |
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department as required by this section. [The department shall
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select to administer the program a health authority that:
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[(1)
demonstrates an interest in hosting the program;
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and
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[(2)
possesses adequate resources to administer the
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program successfully.] |
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(c) The pilot program must: |
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(1) require all clinical laboratories, including |
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hospital laboratories and clinical reference laboratories, within |
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the area served by each [the] health authority participating in the |
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pilot program to report all positive cases of methicillin-resistant |
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Staphylococcus aureus infection, including infections contracted |
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in a community setting, a health care facility, and any other |
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setting, to the applicable health authority using automated and |
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secure electronic data transmission [pilot program administrator]; |
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(2) track the prevalence of methicillin-resistant |
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Staphylococcus aureus infections; |
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(3) evaluate [study] the cost and feasibility of |
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expanding the list of reportable diseases established under this |
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chapter to include methicillin-resistant Staphylococcus aureus |
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infections; |
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(4) develop a methodology for the electronic transfer |
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[exchange] of information regarding [the occurrence of] |
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methicillin-resistant Staphylococcus aureus infections within the |
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area served by each [the] health authority participating in the |
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pilot program; |
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(5) collect data and analyze findings regarding the |
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prevalence [sources and possible prevention] of |
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methicillin-resistant Staphylococcus aureus infections; |
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(6) provide for the reporting to the public by the |
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department of information regarding methicillin-resistant |
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Staphylococcus aureus infections; |
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(7) compile and make available to the public a summary |
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report[, by location, of the infections reported]; and |
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(8) make recommendations to the department regarding |
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Subdivisions (1) through (7). |
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(d) Not later than September 1, 2011 [2009], the department, |
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in consultation with each [the] health authority participating in |
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[administering] the pilot program, shall submit to the legislature |
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a report concerning the effectiveness of the pilot program [in
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tracking and reducing the number of methicillin-resistant
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Staphylococcus aureus infections within the area served by the
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health authority]. |
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(d-1) A health care facility located in an area served by a |
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health authority participating in the pilot program is not required |
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to report an incident of methicillin-resistant Staphylococcus |
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aureus infection to the Department of State Health Services under |
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Section 98.103, as added by Chapter 359 (S.B. 288), Acts of the 80th |
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Legislature, Regular Session, 2007. The health authority shall |
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report each incident subject to Section 98.103 to the Department of |
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State Health Services. |
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(e) This section expires, and the pilot program is |
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abolished, September 1, 2011 [2009]. |
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SECTION 2. Section 98.103, Health and Safety Code, as added |
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by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended by adding Subsection (e) to read as |
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follows: |
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(e) Effective September 1, 2009, this section does not apply |
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to the reporting of methicillin-resistant Staphylococcus aureus |
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infections by a health care facility located in an area served by a |
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health authority participating in the pilot program established |
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under Section 81.0445. This subsection expires September 1, 2011. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect on the 91st day after the last day of the legislative |
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session. |
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(b) The change in law made by this Act to Section |
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81.0445(d), Health and Safety Code, takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1362 was passed by the House on May 4, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1362 on May 23, 2009, by the following vote: Yeas 139, Nays 5, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1362 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |