Bill Text: TX SB2445 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the use of latex gloves by certain health care and food service personnel.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Health & Human Services [SB2445 Detail]
Download: Texas-2023-SB2445-Introduced.html
2023S0286-1 03/09/23 | ||
By: Paxton | S.B. No. 2445 |
|
||
|
||
relating to the use of latex gloves by certain health care and food | ||
service personnel. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle G, Title 4, Health and Safety Code, is | ||
amended by adding Chapter 328 to read as follows: | ||
CHAPTER 328. USE OF LATEX GLOVES IN CERTAIN HEALTH CARE FACILITIES | ||
Sec. 328.001. DEFINITION. In this chapter, "health care | ||
facility" means a hospital, emergency clinic, outpatient clinic, | ||
birthing center, or ambulatory surgical center. | ||
Sec. 328.002. USE OF LATEX GLOVES. Except as provided by | ||
Section 328.003, an individual providing patient care in a health | ||
care facility shall, to the extent possible, prioritize using | ||
non-latex gloves when treating a patient. | ||
Sec. 328.003. EXCEPTION. Section 328.002 does not apply | ||
during a crisis or supply chain disruption affecting the health | ||
care facility's ability to reliably source non-latex gloves. | ||
SECTION 2. Section 438.034, Health and Safety Code, is | ||
amended by adding Subsections (c), (d), and (e) to read as follows: | ||
(c) Except as provided by Subsections (d) and (e), if a food | ||
service establishment receives notice that someone on the property | ||
has a latex allergy, the employees of the food service | ||
establishment who handle food or unsealed food containers offered | ||
for public sale or consumption shall, to the extent possible, | ||
prioritize using available non-latex gloves while handling the food | ||
or containers. This provision does not create a private cause of | ||
action or change any common law or statutory duty. | ||
(d) Subsection (c) does not apply during a crisis or supply | ||
chain disruption affecting the food service establishment's | ||
ability to reliably source non-latex gloves. | ||
(e) Subsection (c) does not apply to a food service | ||
establishment that is located in a hospital or primarily provides | ||
services to a hospital. | ||
SECTION 3. Subchapter A, Chapter 773, Health and Safety | ||
Code, is amended by adding Section 773.018 to read as follows: | ||
Sec. 773.018. PROHIBITED USE OF LATEX GLOVES. (a) Except | ||
as provided by Subsections (b) and (d), emergency medical services | ||
personnel may not use latex gloves when providing emergency medical | ||
care to an individual. | ||
(b) Subsection (a) does not apply during a crisis or supply | ||
chain disruption affecting the ability of emergency medical | ||
services personnel to reliably source non-latex gloves. | ||
(c) During a crisis or supply chain disruption described by | ||
Subsection (b), emergency medical services personnel shall, to the | ||
extent possible, prioritize using available non-latex gloves to | ||
treat a patient who: | ||
(1) indicates the patient has a latex allergy; or | ||
(2) is unconscious or otherwise physically unable to | ||
communicate and whose medical history: | ||
(A) indicates the patient has a latex allergy; or | ||
(B) is insufficient to indicate whether the | ||
patient has a latex allergy. | ||
(d) This section does not apply to emergency medical | ||
services personnel employed by a hospital. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission may adopt rules necessary to implement the | ||
changes in law made by this Act. | ||
SECTION 5. Notwithstanding Sections 328.002, 438.034(c), | ||
and 773.018(a), Health and Safety Code, as added by this Act, | ||
individuals providing patient care in a health care facility, | ||
employees of a food service establishment, or emergency medical | ||
services personnel are not required to comply with those provisions | ||
until January 1, 2024. | ||
SECTION 6. This Act takes effect September 1, 2023. |