2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 2. HEALTH
CHAPTER 94. STATE PLAN FOR HEPATITIS C; EDUCATION AND PREVENTION PROGRAM  

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES

CHAPTER 94. STATE PLAN FOR HEPATITIS C; EDUCATION AND PREVENTION

PROGRAM

Sec. 94.001. STATE PLAN FOR HEPATITIS C. (a) The department

shall develop a state plan for prevention and treatment of

hepatitis C. The plan must include strategies for prevention and

treatment of hepatitis C in specific demographic groups that are

disproportionately affected by hepatitis C, including persons

infected with HIV, veterans, racial or ethnic minorities that

suffer a higher incidence of hepatitis C, and persons who engage

in high risk behavior, such as intravenous drug use.

(b) In developing the plan, the department shall seek the input

of:

(1) the public, including members of the public that have

hepatitis C;

(2) each state agency that provides services to persons with

hepatitis C or the functions of which otherwise involve hepatitis

C, including any appropriate health and human services agency

described by Section 531.001, Government Code;

(3) any advisory body that addresses issues related to hepatitis

C;

(4) public advocates concerned with issues related to hepatitis

C; and

(5) providers of services to persons with hepatitis C.

(c) The department shall update the state plan developed under

this section biennially and shall, not later than October 1 of

each even-numbered year, file the state plan with the governor,

lieutenant governor, and speaker of the house of representatives.

Added by Acts 2001, 77th Leg., ch. 918, Sec. 1, eff. June 14,

2001.

Sec. 94.002. HEPATITIS C EDUCATION AND PREVENTION PROGRAM. (a)

The department shall develop a program to heighten awareness and

enhance knowledge and understanding of hepatitis C. The

department shall:

(1) conduct a seroprevalence study to estimate the current and

future impact of hepatitis C on the state;

(2) conduct health education, public awareness, and community

outreach activities to promote public awareness and knowledge

about the risk factors, the value of early detection, available

screening services, and the options available for the treatment

of hepatitis C;

(3) provide training to public health clinic staff regarding the

treatment, detection, and methods of transmission of hepatitis C;

(4) identify to health care providers and employers the benefits

of disease awareness and prevention; and

(5) develop a prevention program to reduce the risk of

transmission of hepatitis C.

(b) In developing the prevention program required by Subsection

(a)(5), the department may forecast the economic and clinical

impacts of hepatitis C and the impact of hepatitis C on quality

of life. The department may develop the forecasts in conjunction

with an academic medical center or a nonprofit institution with

experience using disease management prospective modeling and

simulation techniques.

Added by Acts 1999, 76th Leg., ch. 823, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 93.001 and amended by Acts 2001, 77th

Leg., ch. 918, Sec. 1, eff. June 14, 2001.

Sec. 94.003. DEPARTMENT VOLUNTARY TESTING PROGRAMS. (a) The

department shall establish voluntary hepatitis C testing programs

to be performed at facilities providing voluntary HIV testing

under Section 85.082 in each public health region to make

confidential counseling and testing available.

(b) The department may contract with public and private entities

to perform the testing as necessary according to local

circumstances.

(c) The results of a test conducted by a testing program or

department program under this section may not be used for

insurance purposes, to screen or determine suitability for

employment, or to discharge a person from employment.

(d) A person who intentionally violates Subsection (c) is liable

to a person injured by the violation. The injured person may

bring a civil action for damages and may recover for each

violation from a person who violates Subsection (c):

(1) the greater of $1,000 or actual damages; and

(2) reasonable attorney's fees.

(e) In addition to the remedies provided by Subsection (d), the

person may bring an action to restrain a violation or threatened

violation of Subsection (c).

Added by Acts 1999, 76th Leg., ch. 823, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 93.002 by Acts 2001, 77th Leg., ch.

918, Sec. 1, eff. June 14, 2001.

Sec. 94.004. TRAINING OF COUNSELORS. (a) The department shall

develop and offer a training course for persons providing

hepatitis C counseling. The training course must include

information relating to the special needs of persons with

positive hepatitis C test results, including the importance of

early intervention and treatment and recognition of psychosocial

needs.

(b) The department shall maintain a registry of persons who

successfully complete the training course.

(c) The department may charge a fee for the course to persons

other than employees of entities receiving state or federal funds

for hepatitis C counseling and testing programs through a

contract with the department. The board shall set the fee in an

amount necessary to cover the costs of providing the course.

(d) The department may contract for the training of counselors.

Added by Acts 1999, 76th Leg., ch. 823, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 93.003 by Acts 2001, 77th Leg., ch.

918, Sec. 1, eff. June 14, 2001.