HEALTH & SAFETY CODE

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


	§ 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, § 1, eff. June 14, 2001.           


	§ 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, § 1, eff. Sept. 1, 1999.  
Renumbered from § 93.001 and amended by Acts 2001, 77th Leg., ch. 
918, § 1, eff. June 14, 2001.


	§ 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, § 1, eff. Sept. 1, 1999.  
Renumbered from § 93.002 by Acts 2001, 77th Leg., ch. 918, § 
1, eff. June 14, 2001.


	§ 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, § 1, eff. Sept. 1, 1999.  
Renumbered from § 93.003 by Acts 2001, 77th Leg., ch. 918, § 
1, eff. June 14, 2001.