[
Immunizations
|
Border Health
|
Child and Adolescent Health
|
Bioterrorism/Public Health
Preparedness
|
Public Health Prevention
]
In the early 1990s, Texas launched a
massive immunization program, Shots Across Texas. The campaign,
which TMA strongly backed, helped boost the state's immunization
rates for children and improve public health. The campaign lasted
only a few years, however, and without a focused, statewide
educational effort on the importance of immunizations in
preventing serious childhood illnesses, Texas' immunization rates
again fell behind, plummeting to 50th in the nation. Today,
Texas' immunization rates hover at 43rd. Outbreaks of pertussis,
measles, and other contagious illnesses have been common in
recent years. To reverse this trend, TMA placed a high priority
during the 78th legislative session on enacting legislation to
reinstate a statewide immunization campaign. TMA also advocated
legislation to simplify the state's immunization registry,
ImmTrac. The current registration process is so cumbersome that
many physicians do not want to participate. TMA worked closely
with the Texas Pediatric Society (TPS) to coordinate message and
advocacy efforts.
TMA scored big on its public health
legislative goals, passing all the bills it set out to
accomplish. A last-minute amendment to another bill, House Bill
2292, smudged TMA's otherwise flawless record. Sen. Craig Estes
(R-Wichita Falls) attached a "conscientious objector" (CO)
amendment to HB 2292 on the Senate floor with no discussion with
local physicians, TMA, or the pediatric society. The
antiimmunization group PROVE - Parents for Responsible and Open
Vaccine Education - pushed vigorously for the language. Since the
bill already had cleared the House, the only opportunity to fix
organized medicine's concerns with the amendment was in
conference committee. TMA, again working closely with TPS, did
soften the language in conference (see description below), yet in
the end, the association was unable to repeal the objectionable
provision.
While immunizations were the top public
health priority for TMA, medicine also worked on scores of other
public health bills. New legislation will improve nutrition
education for children, the state's preparedness for a
bioterrorist attack, and data collection for newborn hearing
testing and birth defects.
On the horizon…
TMA already is in discussions with the
Texas Department of Health (TDH) to implement the statewide
vaccine education project and ImmTrac improvement bill. TMA also
is working closely with TPS to convey medicine's policy concerns
regarding the CO language. TDH is currently drafting rules to
implement the new provision by Sept. 1 of this year. TDH already
has committed to collect data to evaluate the impact of the CO
provision. TMA will use the data to make any necessary changes to
the law in 2005.
IMMUNIZATIONS
Statewide Immunization Education
Program
Senate Bill 40 by Sen. Judith Zaffirini
(D-Laredo) calls on TDH to establish a continuous statewide
public education program on the importance of fully immunizing
children. This bill asks the department to increase coordination
among public and private local, regional, and statewide entities
that have an interest in immunizations.
Study of TPS Physician Education Pilot
Program
SB 43 by Senator Zaffirini requires TDH
shall report to the legislature the results of the Educating
Physicians in Your Community pilot program operated by TPS. The
report must include and analysis of the program's effect on
immunization rates; a statement on the cost-effectiveness of the
program; recommendations for expanding the program; and a list of
possible sources to fund the program.
Immunization Awareness and Limited
Liability
SB 486 by Senator Zaffirini requires TDH to
develop new public-private partnerships and work with existing
such partnerships to increase awareness of and support for early
childhood immunizations. This bill provides for immunity from
liability for persons administering vaccinations and requires all
state agencies that have contact with families to develop a
strategy for increasing public awareness of the need for early
childhood immunizations.
Physician Education and Streamlining of
VFC Enrollment Process
HB 1920 by Rep. Jaime Capelo (D-Corpus
Christi) calls on TDH to convene a workgroup to develop materials
and continuing medical education programs for physicians relating
to immunizations and the Vaccines for Children (VFC) program. It
requires TDH to streamline the VFC application process by
allowing physicians to sign up for VFC on the same form they use
to apply for Medicaid or the Children's Health Insurance Program
and to report vaccines administered under VFC through the
immunization registry. A provision in the original bill to allow
providers a reasonable profit from the administration of vaccines
was removed from the bill.
Immunization Registry
HB 1921 by Representative Capelo should
produce a more functional statewide immunization registry. While
the original intent of making the registry "opt-out" was met with
considerable resistance, compromise language was developed to
keep the registry as "opt-in," yet provide substantial
improvements in placing the responsibility of verifying consent
at the central agency. Written consent is required only one time
and is valid until the child is 18 years of age. Written consent
may be through electronic signature on the birth certificate, or
parents may provide an immunization history directly to the
registry. Withdrawal of consent may be made at any time in
writing. This bill also provides immunity from liability for
health care providers. The department and health care providers
may use the registry for the purposes of reminder and recall for
immunizations due.
Health Plan Coverage for Childhood
Immunizations
HB 2922 by Rep. Kenny Marchant (R-Coppell)
and SB 541 by Sen. Tommy Williams (R-The Woodlands) both require
health plans to provide coverage for childhood immunizations.
Specifically, HB 2922 requires a health plan to provide
immunizations to children from birth through their sixth birthday
for the following diseases: diphtheria, haemophilus influenza
type B, hepatitis B, measles, mumps, pertussis, polio, rubella,
tetanus, varicella, and any other immunizations required by law.
Additionally, the bill requires HMOs to provide immunization
against rotovirus. Immunizations may not be subject to a
deductible, copayment, or coinsurance requirement, but health
providers are not prohibited from charging for other services
provided in conjunction with the administration of an
immunization.
Conscientious Objection and Prohibition
of Punitive Actions for Failure to Immunize
Two amendments to HB 2292, the health and
human services agency reorganization bill, allow for
conscientious objection in addition to religious objections for
refusal to immunize, and prohibit punitive action for failure to
immunize. To receive exemption from immunization, the child's
parent or guardian must fill out a specified form, have it
notarized, and submit it within 90 days of notarization.
BORDER HEALTH
Pilot Program to Promote and Facilitate
the Operation of Diabetes Groups
HB 2692 by Rep. Ryan Guillen (D-Rio Grande
City) directs the Texas Diabetes Council to develop a pilot
program to promote and facilitate support groups to enable
persons with diabetes to exchange information and strategies to
manage the disease and obtain relevant information and education.
The pilot program will be operated in no more than two border
counties with a high proportion of low-income households. Not
later than Dec. 1, 2004, the council shall submit a report
summarizing the results of the pilot program to the governor,
lieutenant governor, and speaker of the House of
Representatives.
Study of Border Health Issues
Senate Concurrent Resolution 21 by Sen.
Eliot Shapleigh (D-El Paso) and Rep. Norma Chavez (D-El Paso)
memorializes the U.S. Congress to fund a benchmark study
coordinated by the United States-Mexico Border Health Commission
and conducted by universities from the border area of each of the
adjoining border states. The purpose of the study should be to
engage each state's health policy with respect to border health
issues and goals outlined in Healthy Border 2010/Frontera
Saludable 2010, a border-wide program of health promotion and
disease prevention that defines an agenda for improving health in
the border region. Additionally, the study should address early
intervention and preventive strategies; water and wastewater
issues; immunization; behavioral health issues, including
nutrition and exercise; elimination of health disparities among
the border population; and response to disaster and disease
outbreak.
Border Health Foundation
Provisions in HB 2292 establish a Border
Health Foundation to raise money from other foundations,
governmental entities, and other sources to finance health
programs in areas adjacent to the Mexican border.
Funds for Hospital Inpatient Services in
Border Counties
HB 2292 authorizes that unclaimed lottery
proceeds up to $5 million may be appropriated to provide
inpatient hospital services in hospitals located in the 15
counties that compose the Texas-Mexico border.
CHILD AND ADOLESCENT HEALTH
Birth Defects Program
HB 1097 by Representative Capelo mandates
the maintenance of a statewide birth defects registry and allows
for both active and passive collection of birth defects
information.
Child Advocacy Centers
HB 263 by Rep. Toby Goodman (R-Arlington)
allows for the establishment of community-based child advocacy
centers to investigate and prosecute child abuse cases, and to
provide mental health and other supportive services to child
abuse victims. Each center shall have a multidisciplinary team
that must include at least one member of each of the following
entities: law enforcement, child protective services, and a
county or district attorney's office that is involved in
prosecuting child abuse cases. This bill also specifies a list of
persons for whom the Department of Protective or Regulatory
Services is entitled to obtain criminal history
information.
Childhood Lead Poisoning
HB 3264 by Bob Hunter (R-Abilene)
authorizes the Texas Board of Health to adopt measures to (1)
significantly reduce the incidence of childhood lead poisoning
throughout Texas; (2) improve public awareness of lead safety
issues and educate both property owners and tenants about
practices that can reduce the incidence of lead poisoning; and
(3) encourage testing of children likely to suffer the
consequences of lead poisoning so that prompt diagnosis,
treatment, and prevention of harm are possible. This is
significantly different from the original language of the bill
that called for increasing the availability of lead-free
affordable housing and a much more prescriptive education program
along with prompt pay of medical, rehabilitative, and relocation
measures for victims of childhood lead poisoning.
Investigation of Child Abuse
SB 669 by Sen. Steve Ogden (R-Bryan) amends
the Family Code to require a joint investigation - by a peace
officer and an agent of the department responsible for conducting
an investigation - of immediate physical or sexual abuse of a
child that could result in the death or serious harm to the
child. This requirement applies to a report assigned the highest
priority in accordance with department rules or a report that
alleges immediate physical or sexual abuse of a child that could
result in the death or serious harm to the child. This bill
clarifies that physicians need report only to the department
responsible for conducting an investigation, rather than having
to notify law enforcement but still negates physicians'
professional judgment in determining what constitutes
abuse.
Change in SB 19 Provisions and
Accountability
As originally written, SB 1357 by Sen. Jane
Nelson (R-Flower Mound) would have significantly improved school
districts' accountability by requiring them to collect certain
data items in the Public Education Information Management System
(PEIMS) Report to the Texas Education Agency regarding activities
of the district's school health advisory committee. As a result
of the bill having been gutted, however, the legislation now only
requires school districts to make available for reasonable public
inspection (1) items regarding policies related to the 135
minutes of physical activity per week outlined in SB 19, (2) the
number of times the school health advisory committee met, (3)
whether the district has policies related to compliance with
limited access to vending machines, (4) and whether the district
has policies related to tobacco use on school campuses or at
school-sponsored or school-related activities. This bill changes
SB 19's language requiring the adoption of a coordinated school
health program to that requiring "one or more" coordinated school
health programs and adds to the duties of the school health
advisory committee integration of additional strategies into the
curriculum: (1) school health services, (2) counseling and
guidance services, (3) a safe and healthy school environment, and
(4) school employee wellness. In addition, this bill negates the
work of the previous Texas Education Agency (TEA) Statewide
School Health Coalition (in which TMA participated) by
establishing criteria for the selection of a coordinated school
health program that TEA is to provide to school districts for
adoption. Prior to establishing criteria for selection, TEA must
request review and comment by the TDH School Health Advisory
Committee. (TMA has a representative on this committee.)
Youth Camp Safety
The original language in SB 253 by Sen.
Todd Staples (R-Palestine) was clarified in the finally passed
version to exempt youth camps operated on facilities or campuses
of institutions of higher education from regulation under the
Texas Youth Camp Safety and Health Act if the camp is regularly
inspected by one or more local governmental entities for
compliance with health and safety standards.
Statistical and Aggregated Information
Regarding Newborn Hearing Loss Screening
As finally passed, SB 739 by Sen. Rodney
Ellis (D-Houston) establishes that statistical or aggregated
information that is about activities conducted by the screening
program for hearing loss in newborns and that cannot be used to
individually identify a newborn, infant, or patient, or a parent
or guardian of a newborn, infant, or patient is not
confidential.
Cardiopulmonary Resuscitation
Certification in School Personnel
SB 741 by Sen. Leticia Van de Putte (D-San
Antonio) adds the head director of a school marching band to the
list of school district employees who must maintain current
certification in first aid and cardiopulmonary
resuscitation.
Death of or Injury to an Unborn
Child
SB 319 by Sen. Ken Armbrister (D-Victoria)
expands the definition of "individual" to include an unborn child
at every stage of gestation from fertilization until birth; and
the definition of "death" to include, for an individual who is an
unborn child, the failure to be born alive. This bill provides
penalties for injury to or causing the death of an unborn child.
Specifically exempt from the provisions of this bill, are (1)
conduct committed by the mother of the unborn child, (2) a lawful
medical procedure performed by a licensed physician or other
licensed health care professional with requisite consent, and (3)
the dispensation or administration of a drug prescribed in
accordance with law. Additionally, the prosecutor must present
medical or other evidence to prove that the mother was pregnant
at the time of the injury to or death of the unborn child.
School Nutrition
SB 474 by Sen. Eddie Lucio (D-Brownsville),
which addresses the problem of childhood obesity in the state of
Texas, has been reduced to the creation of an interim joint
committee to conduct hearings and study issues related to
nutrition in school-age children. This committee's charge is to
determine the nutritional content of food served to public school
children, evaluate the impact of obesity among public school
children, assess the value of a universal breakfast and lunch
program in public schools, and evaluate school contracts related
to competitive food products and vending machines.
Expulsion of Students for Criminal Acts
Against Another Person
HB 567 by Rep. Leo Berman (R-Tyler)
authorizes expulsion of students who commit a criminal act at
school or at school-related or school-sponsored events for
specified reasons. These conditions include false alarms,
reports, and terrorist threats as well as assault, murder,
attempted murder, possession of controlled substances, robbery,
etc.
Nutrition in Schools Study
Senate Concurrent Resolution 49 by Senator
Lucio calls for the study delineated in his bill SB 474 on
nutrition among public school children.
BIOTERRORISM/PUBLIC HEALTH
PREPAREDNESS
Homeland Security
HB 9 by Rep. Kino Flores (D-Mission)
requires the governor to develop a statewide homeland security
strategy to coordinate activities among local, state, and federal
agencies and the private sector. It specifies membership of the
Critical Infrastructure Protection Council and allows the
governor to appoint special advisory committees to assist the
council in the performance of its duties.
This bill:
Provides immunity from liability to anyone
performing an activity under its provisions;
Requires the governor to allocate available
grants and other funding related to homeland security;
Specifies the types of information to be
held confidential, including information related to emergency
response providers, risk or vulnerability assessment,
construction or assembly of weapons, certain encryption codes and
security keys for communications systems, information provided to
the United States, critical infrastructure, and security
systems;
Specifies conditions for disclosure of
confidential information;
Establishes a Texas Infrastructure
Protection Communications Center within the Department of Public
Safety (DPS);
Provides for supplemental "mission-ready"
volunteer military forces in addition to the Texas National Guard
for use by the state in homeland security and community service
activities;
Establishes Sept. 11 as Texas First
Responders Day;
Amends the list of professionals required
to report suspected communicable diseases to include emergency
medical service personnel, peace officers, and
firefighters;
Requires pharmacists to report to the TDH
any unusual or increased prescription rates, unusual types of
prescriptions, or unusual trends in pharmacy visits that may be
caused by bioterrorism, epidemic, or pandemic disease, or novel
and highly fatal infectious agents or biological toxins that
might pose a substantial risk of a significant number of human
fatalities or incidents of permanent or long-term disability;
and
Requires veterinarians, veterinary
diagnostic laboratories, or persons having care, custody, or
control of animals to report specific suspected disease
conditions among livestock, exotic livestock, bison, domestic
fowl, or exotic fowl.
Area Quarantine
HB 627 by Rep. Elvira Reyna (R-Mesquite)
authorizes the establishment of area quarantine in response to
the introduction of an environmental or toxic agent into the
environment. This bill also provides for penalties to be levied
against anyone who knowingly fails or refuses to obey
instructions under quarantine.
Use of Drivers License Information
HB 2292 authorizes, in the event of an
emergency or epidemic, the release of information from the DPS
drivers license records pertaining to name, date of birth, and
most recent address in order to notify persons in need of
immunization or diagnostic, evaluation, and treatment for
suspected communicable diseases.
Release of Information to Law Enforcement
Personnel
HB 2292 authorizes, in the event of an
emergency or epidemic, the release of records, reports, and
information regarding suspected cases of communicable diseases
and certain health conditions to law enforcement
personnel.
Right of Entry or Access
HB 2292 allows for right of entry or access
for the purpose of inspection or investigation related to the
possible transmission of communicable diseases and allows for
penalties for concealment or denial of access.
Public Health Disaster Control
Measures
HB 2292 establishes authorization of
control measures in the event of a public health disaster.
Control measures may include immunization, detention,
restriction, disinfection, decontamination, isolation,
quarantine, disinfestation, chemoprophylaxis, preventive therapy,
prevention, and education. Additionally, it provides for
disposition of the human remains of a person suspected of dying
from certain communicable diseases.
Continuing Medical Education for
Registered Nurses
HB 1483 by Rep. Ray Allen (R-Grand Prairie)
requires registered nurses to participate during each two-year
licensing period in at least two hours of continuing medical
education relating to preparing for, reporting medical events
from, and responding to the consequences of an incident of
bioterrorism.
PUBLIC HEALTH PREVENTION
Use of Tobacco Fund Dollars
HB 2292 allows for permanent health and
tobacco fund dollars to be spent on the following initiatives:
(1) smoking cessation programs; (2) enforcement of laws
pertaining to distribution and use of cigarettes and tobacco for
minors; (3) public awareness and educational programs directed to
youth regarding cigarettes and tobacco products; (4) preventive
medical and dental services to children eligible for Medicaid;
(5) developing cost-effective strategies for improved health
outcomes for children and the public; (6) providing grants to
local communities to address specific public health priorities
including sickle cell anemia, diabetes, high blood pressure,
cancer, heart attack, stroke, keloid tissues and scarring, and
respiratory disease; (7) providing grants to local communities
for essential public health services; (8) providing grants to
schools of public health located in Texas; and (9) providing
funds to Early Childhood Intervention to provide services to
children with developmental delays and their families.
Statewide Health Coordinating
Council
HB 2292 specifies the composition of the
Statewide Health Coordinating Council.
Acanthosis Nigricans Screening
Program
HB 2721 by Rep. Roberto Gutierrez
(D-McAllen) expands the acanthosis nigricans screening program
into Texas Education Regional Service Centers 4, 10, and
11.
Regulation and Enforcement of Certain
Licensing Programs (Midwives)
SB 161 by Senator Nelson authorizes the
Midwifery Board or a three-member committee of midwifery board
members to suspend the letter of documentation or certification
of registration of a midwife if evidence or information indicates
that continued practice by a particular midwife would constitute
a continuing and imminent threat to the public welfare. This bill
provides for administrative, civil, and criminal
penalties.
Testing for Hepatitis
SB 401 by Senator Van de Putte authorizes
hospitals to take reasonable efforts to test patients who have
been admitted to a hospital in case of emergency for hepatitis B
or hepatitis C. If the report shows a significant risk to persons
exposed, the hospital shall report the results to TDH or the
local health authority to notify the patient and any public
safety personnel (emergency medical service, firefighter, peace
officer, first responder) who may have been exposed accidentally
to the body fluids of the patient. The organization that employs
the person or for which the person provides volunteer services
for assistance is responsible for paying for the test. The
hospital is under no obligation to perform any further
services.
Nonresident Admittance to State Chest
Hospitals
SB 1024 by Sen. Frank Madla (D-San Antonio)
allows the state to enter into an agreement with other states for
the admission of nonresident patients with tuberculosis to a
Texas chest hospital if space is available after the needs of
eligible state residents are met and the other state is
responsible for paying all costs of the hospitalization and
treatment under the agreement. This bill also authorizes
commitment of persons through foreign court orders under the same
type of contractual agreement.
Tattoos and Body Piercing
Originally, SB 1317 by Senator Van de Putte
required tattoo artists and persons who perform body piercing to
complete a specified number of hours of training offered by the
Occupational Safety and Health Administration. As passed, the
bill calls for regulation of tattooists, persons performing body
piercing, tattoo studios, and certain body piercing studios. The
bill also prohibits the performance of tongue splitting and
provides penalties for noncompliance with regulations. In
addition, a person under 18 years of age may obtain a tattoo only
in order to cover up a previous tattoo that is inappropriate and
must have parental consent for the procedure. The state agency
responsible for regulating these operators and facilities must
prepare or approve a training course for persons involved in
performing these procedures sufficient to meet the requirements
for application for registration.
Public health TMA staff
contacts:
-Gayle Harris, director, Public
Health Department, (512) 370-1670
-Susan Griffin, senior policy analyst, Public Health
Department, (512) 370-1462
-Stephen Brown, associate director, Legislative Affairs
Department, (512) 370-1367
|
[
Overview
|
Professional Liability Reform
|
Patient Safety/Quality Improvement
|
Managed Care/Insurance Reform
|
Health Care Funding
|
Health and Human Services
Reorganization
|
Scope of Practice
|
Rural Health
|
Mental Health
|
Medical Science
|
Workers' Compensation
|
Tax Reform
|
Long-Term Care
|
Workforce/Medical Education
|
Abortion and Related Legislation
|
Health Facility Regulation
|
Transplantation/Organ Donation
]