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