Texas 2009 - 81st Regular

Texas House Bill HB3472 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9223 JSC-D
2	2	By: Coleman H.B. No. 3472
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to diagnostic testing of pregnant women and certain
8	8	newborns.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 81.090, Health and Safety
11	11	Code, is amended to read as follows:
12	12	Sec. 81.090. DIAGNOSTIC [SEROLOGIC] TESTING DURING
13	13	PREGNANCY AND AFTER BIRTH.
14	14	SECTION 2. Section 81.090, Health and Safety Code, is
15	15	amended by amending Subsections (a), (b), (c), (h), (i), (j), (k),
16	16	and (l) and adding Subsections (a-1), (c-1), and (c-2) to read as
17	17	follows:
18	18	(a) A physician or other person permitted by law to attend a
19	19	pregnant woman during gestation or at delivery of an infant shall:
20	20	(1) take or cause to be taken a sample of the woman's
21	21	blood or other appropriate specimen at the first examination and
22	22	visit;
23	23	(2) submit the sample to an appropriately certified
24	24	[a] laboratory [approved under this section] for diagnostic testing
25	25	approved by the United States Food and Drug Administration for:
26	26	(A) [a standard serologic test for] syphilis
27	27	[approved by the board];
28	28	(B) [a standard serologic test for] HIV infection
29	29	[approved by the board]; and
30	30	(C) [a standard serologic test for] hepatitis B
31	31	infection [approved by the board]; and
32	32	(3) retain a report of each case for nine months and
33	33	deliver the report to any successor in the case.
34	34	(a-1) A physician or other person permitted by law to attend
35	35	a pregnant woman during gestation or at delivery of an infant shall:
36	36	(1) take or cause to be taken a sample of the woman's
37	37	blood or other appropriate specimen at an examination in the third
38	38	trimester of the pregnancy;
39	39	(2) submit the sample to an appropriately certified
40	40	laboratory for a diagnostic test approved by the United States Food
41	41	and Drug Administration for HIV infection; and
42	42	(3) retain a report of each case for nine months and
43	43	deliver the report to any successor in the case.
44	44	(b) A successor is presumed to have complied with this
45	45	section if the successor in good faith obtains a record that
46	46	indicates compliance with Subsections (a) and (a-1), if applicable.
47	47	(c) A physician or other person in attendance at a delivery
48	48	shall:
49	49	(1) take or cause to be taken a sample of blood or
50	50	other appropriate specimen from the mother on admission for
51	51	delivery; and
52	52	(2) submit the sample to an appropriately certified
53	53	[a] laboratory [approved under this section] for diagnostic testing
54	54	approved by the United States Food and Drug Administration for:
55	55	(A) [a standard serologic test for] syphilis
56	56	[approved by the board];
57	57	(B) [a standard serologic test for] HIV infection
58	58	[approved by the board]; and
59	59	(C) [a standard serologic test for] hepatitis B
60	60	infection [approved by the board].
61	61	(c-1) If the physician or other person in attendance at the
62	62	delivery does not find in the woman's medical records results from
63	63	the diagnostic test for HIV infection performed under Subsection
64	64	(a-1), the physician or person shall instruct the laboratory to
65	65	expedite the processing of the diagnostic test for HIV infection
66	66	under Subsection (c)(2)(B) so that the results are received less
67	67	than six hours after the time the sample is submitted.
68	68	(c-2) If the physician or other person in attendance at the
69	69	delivery does not find in the woman's medical records results from a
70	70	diagnostic test for HIV infection performed under Subsection (a) or
71	71	(a-1) and the diagnostic test for HIV infection was not performed
72	72	before delivery under Subsection (c), the physician or other person
73	73	in attendance at delivery shall:
74	74	(1) take or cause to be taken a sample of blood or
75	75	other appropriate specimen from the newborn child less than two
76	76	hours after the time of birth;
77	77	(2) submit the sample to an appropriately certified
78	78	laboratory for a diagnostic test approved by the United States Food
79	79	and Drug Administration for HIV infection; and
80	80	(3) instruct the laboratory to expedite the processing
81	81	of the test so that the results are received less than six hours
82	82	after the time the sample is submitted.
83	83	(h) A [The department is not required to approve a]
84	84	laboratory under this section must be certified as required by
85	85	[Subsection (d) or provide a list of approved laboratories under
86	86	Subsection (e) as long as] the Clinical Laboratory Improvement
87	87	Amendments of 1988 (42 U.S.C. Section 263a), and subsequent
88	88	amendments[, are in effect].
89	89	(i) Before conducting or causing to be conducted a
90	90	diagnostic [standard serologic] test for HIV infection under this
91	91	section, the physician or other person shall advise the woman that
92	92	the result of a test taken under this section is confidential as
93	93	provided by Subchapter F, but that the test is not anonymous. The
94	94	physician or other person shall explain the difference between a
95	95	confidential and an anonymous test to the woman and that an
96	96	anonymous test may be available from another entity. The physician
97	97	or other person shall make the information available in another
98	98	language, if needed, and if resources permit. The information
99	99	shall be provided by the physician or another person, as needed, in
100	100	a manner and in terms understandable to a person who may be
101	101	illiterate if resources permit.
102	102	(j) The result of a [standard] test for HIV infection under
103	103	Subsection (a)(2)(B), (a-1), [or] (c)(2)(B), or (c-2) is a test
104	104	result for purposes of Subchapter F.
105	105	(k) Before the [blood] sample is taken, the health care
106	106	provider shall distribute to the patient printed materials about
107	107	AIDS, HIV, hepatitis B, and syphilis. A health care provider shall
108	108	verbally notify the patient that an HIV test shall be performed if
109	109	the patient does not object. If the patient objects, the patient
110	110	shall be referred to an anonymous testing facility or instructed
111	111	about anonymous testing methods. The health care provider shall
112	112	note on the medical records that the distribution of printed
113	113	materials was made and that verbal notification was given. The
114	114	materials shall be provided to the health care provider by the
115	115	department [Texas Department of Health] and shall be prepared and
116	116	designed to inform the patients about:
117	117	(1) the incidence and mode of transmission of AIDS,
118	118	HIV, hepatitis B, and syphilis;
119	119	(2) how being infected with HIV, AIDS, hepatitis B, or
120	120	syphilis could affect the health of their child;
121	121	(3) the available cure for syphilis;
122	122	(4) the available treatment to prevent
123	123	maternal-infant HIV transmission; and
124	124	(5) methods to prevent the transmission of the HIV
125	125	virus, hepatitis B, and syphilis.
126	126	(l) A physician or other person may not conduct a diagnostic
127	127	[standard] test for HIV infection under Subsection (a)(2)(B),
128	128	(a-1), or (c)(2)(B) if the woman objects. A physician or other
129	129	person may not conduct a diagnostic test for HIV infection under
130	130	Subsection (c-2) if a parent, managing conservator, or guardian
131	131	objects.
132	132	SECTION 3. Sections 81.090(d), (e), and (f), Health and
133	133	Safety Code, are repealed.
134	134	SECTION 4. (a) Sections 81.090(a), (c), (h), (i), and (k),
135	135	Health and Safety Code, as amended by this Act, apply only to a test
136	136	performed on or after the effective date of this Act. A test
137	137	performed before the effective date of this Act is covered by the
138	138	law in effect immediately before the effective date of this Act, and
139	139	the former law is continued in effect for that purpose.
140	140	(b) Sections 81.090(a-1), (c-1), and (c-2), Health and
141	141	Safety Code, as added by this Act, and Sections 81.090(b), (j), and
142	142	(l), Health and Safety Code, as amended by this Act, apply only to a
143	143	physician or other person attending a pregnant woman during
144	144	gestation or at delivery of an infant on or after January 1, 2010.
145	145	SECTION 5. This Act takes effect September 1, 2009.