| 1 | 1 | | 81R8523 SJM-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 1381 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of HIV and AIDS tests. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter D, Chapter 85, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 85.090 to read as follows: |
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| 11 | 11 | | Sec. 85.090. OPT-OUT HIV TESTING IN CERTAIN ROUTINE MEDICAL |
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| 12 | 12 | | SCREENINGS. (a) A health care provider that takes a sample of a |
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| 13 | 13 | | person's blood as part of a routine medical screening shall submit |
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| 14 | 14 | | the sample for an HIV diagnostic test, regardless of whether an HIV |
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| 15 | 15 | | test is part of a primary diagnosis, unless the person opts out of |
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| 16 | 16 | | the HIV test. |
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| 17 | 17 | | (b) Before taking a sample of a person's blood, a health |
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| 18 | 18 | | care provider must verbally inform a person that an HIV test will be |
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| 19 | 19 | | performed unless the person opts out of the HIV test. |
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| 20 | 20 | | (c) The executive commissioner of the Health and Human |
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| 21 | 21 | | Services Commission shall adopt rules to implement this section. |
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| 22 | 22 | | In adopting rules, the executive commissioner must consider the |
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| 23 | 23 | | most recent recommendations of the federal Centers for Disease |
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| 24 | 24 | | Control and Prevention for HIV testing of adults and adolescents. |
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| 25 | 25 | | SECTION 2. (a) The executive commissioner of the Health and |
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| 26 | 26 | | Human Services Commission shall adopt the rules required by Section |
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| 27 | 27 | | 85.090, Health and Safety Code, as added by this Act, not later than |
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| 28 | 28 | | January 1, 2010. |
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| 29 | 29 | | (b) Notwithstanding Section 85.090, Health and Safety Code, |
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| 30 | 30 | | as added by this Act, a health care provider is not required to |
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| 31 | 31 | | comply with that section until January 1, 2010. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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