81R8523 SJM-D
By: Davis of Dallas H.B. No. 1381
A BILL TO BE ENTITLED
AN ACT
relating to the provision of HIV and AIDS tests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 85, Health and Safety
Code, is amended by adding Section 85.090 to read as follows:
Sec. 85.090. OPT-OUT HIV TESTING IN CERTAIN ROUTINE MEDICAL
SCREENINGS. (a) A health care provider that takes a sample of a
person's blood as part of a routine medical screening shall submit
the sample for an HIV diagnostic test, regardless of whether an HIV
test is part of a primary diagnosis, unless the person opts out of
the HIV test.
(b) Before taking a sample of a person's blood, a health
care provider must verbally inform a person that an HIV test will be
performed unless the person opts out of the HIV test.
(c) The executive commissioner of the Health and Human
Services Commission shall adopt rules to implement this section.
In adopting rules, the executive commissioner must consider the
most recent recommendations of the federal Centers for Disease
Control and Prevention for HIV testing of adults and adolescents.
SECTION 2. (a) The executive commissioner of the Health and
Human Services Commission shall adopt the rules required by Section
85.090, Health and Safety Code, as added by this Act, not later than
January 1, 2010.
(b) Notwithstanding Section 85.090, Health and Safety Code,
as added by this Act, a health care provider is not required to
comply with that section until January 1, 2010.
SECTION 3. This Act takes effect September 1, 2009.