81R9223 JSC-D
By: Coleman H.B. No. 3472
A BILL TO BE ENTITLED
AN ACT
relating to diagnostic testing of pregnant women and certain
newborns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 81.090, Health and Safety
Code, is amended to read as follows:
Sec. 81.090. DIAGNOSTIC [SEROLOGIC] TESTING DURING
PREGNANCY AND AFTER BIRTH.
SECTION 2. Section 81.090, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), (h), (i), (j), (k),
and (l) and adding Subsections (a-1), (c-1), and (c-2) to read as
follows:
(a) A physician or other person permitted by law to attend a
pregnant woman during gestation or at delivery of an infant shall:
(1) take or cause to be taken a sample of the woman's
blood or other appropriate specimen at the first examination and
visit;
(2) submit the sample to an appropriately certified
[a] laboratory [approved under this section] for diagnostic testing
approved by the United States Food and Drug Administration for:
(A) [a standard serologic test for] syphilis
[approved by the board];
(B) [a standard serologic test for] HIV infection
[approved by the board]; and
(C) [a standard serologic test for] hepatitis B
infection [approved by the board]; and
(3) retain a report of each case for nine months and
deliver the report to any successor in the case.
(a-1) A physician or other person permitted by law to attend
a pregnant woman during gestation or at delivery of an infant shall:
(1) take or cause to be taken a sample of the woman's
blood or other appropriate specimen at an examination in the third
trimester of the pregnancy;
(2) submit the sample to an appropriately certified
laboratory for a diagnostic test approved by the United States Food
and Drug Administration for HIV infection; and
(3) retain a report of each case for nine months and
deliver the report to any successor in the case.
(b) A successor is presumed to have complied with this
section if the successor in good faith obtains a record that
indicates compliance with Subsections (a) and (a-1), if applicable.
(c) A physician or other person in attendance at a delivery
shall:
(1) take or cause to be taken a sample of blood or
other appropriate specimen from the mother on admission for
delivery; and
(2) submit the sample to an appropriately certified
[a] laboratory [approved under this section] for diagnostic testing
approved by the United States Food and Drug Administration for:
(A) [a standard serologic test for] syphilis
[approved by the board];
(B) [a standard serologic test for] HIV infection
[approved by the board]; and
(C) [a standard serologic test for] hepatitis B
infection [approved by the board].
(c-1) If the physician or other person in attendance at the
delivery does not find in the woman's medical records results from
the diagnostic test for HIV infection performed under Subsection
(a-1), the physician or person shall instruct the laboratory to
expedite the processing of the diagnostic test for HIV infection
under Subsection (c)(2)(B) so that the results are received less
than six hours after the time the sample is submitted.
(c-2) If the physician or other person in attendance at the
delivery does not find in the woman's medical records results from a
diagnostic test for HIV infection performed under Subsection (a) or
(a-1) and the diagnostic test for HIV infection was not performed
before delivery under Subsection (c), the physician or other person
in attendance at delivery shall:
(1) take or cause to be taken a sample of blood or
other appropriate specimen from the newborn child less than two
hours after the time of birth;
(2) submit the sample to an appropriately certified
laboratory for a diagnostic test approved by the United States Food
and Drug Administration for HIV infection; and
(3) instruct the laboratory to expedite the processing
of the test so that the results are received less than six hours
after the time the sample is submitted.
(h) A [The department is not required to approve a]
laboratory under this section must be certified as required by
[Subsection (d) or provide a list of approved laboratories under
Subsection (e) as long as] the Clinical Laboratory Improvement
Amendments of 1988 (42 U.S.C. Section 263a), and subsequent
amendments[, are in effect].
(i) Before conducting or causing to be conducted a
diagnostic [standard serologic] test for HIV infection under this
section, the physician or other person shall advise the woman that
the result of a test taken under this section is confidential as
provided by Subchapter F, but that the test is not anonymous. The
physician or other person shall explain the difference between a
confidential and an anonymous test to the woman and that an
anonymous test may be available from another entity. The physician
or other person shall make the information available in another
language, if needed, and if resources permit. The information
shall be provided by the physician or another person, as needed, in
a manner and in terms understandable to a person who may be
illiterate if resources permit.
(j) The result of a [standard] test for HIV infection under
Subsection (a)(2)(B), (a-1), [or] (c)(2)(B), or (c-2) is a test
result for purposes of Subchapter F.
(k) Before the [blood] sample is taken, the health care
provider shall distribute to the patient printed materials about
AIDS, HIV, hepatitis B, and syphilis. A health care provider shall
verbally notify the patient that an HIV test shall be performed if
the patient does not object. If the patient objects, the patient
shall be referred to an anonymous testing facility or instructed
about anonymous testing methods. The health care provider shall
note on the medical records that the distribution of printed
materials was made and that verbal notification was given. The
materials shall be provided to the health care provider by the
department [Texas Department of Health] and shall be prepared and
designed to inform the patients about:
(1) the incidence and mode of transmission of AIDS,
HIV, hepatitis B, and syphilis;
(2) how being infected with HIV, AIDS, hepatitis B, or
syphilis could affect the health of their child;
(3) the available cure for syphilis;
(4) the available treatment to prevent
maternal-infant HIV transmission; and
(5) methods to prevent the transmission of the HIV
virus, hepatitis B, and syphilis.
(l) A physician or other person may not conduct a diagnostic
[standard] test for HIV infection under Subsection (a)(2)(B),
(a-1), or (c)(2)(B) if the woman objects. A physician or other
person may not conduct a diagnostic test for HIV infection under
Subsection (c-2) if a parent, managing conservator, or guardian
objects.
SECTION 3. Sections 81.090(d), (e), and (f), Health and
Safety Code, are repealed.
SECTION 4. (a) Sections 81.090(a), (c), (h), (i), and (k),
Health and Safety Code, as amended by this Act, apply only to a test
performed on or after the effective date of this Act. A test
performed before the effective date of this Act is covered by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
(b) Sections 81.090(a-1), (c-1), and (c-2), Health and
Safety Code, as added by this Act, and Sections 81.090(b), (j), and
(l), Health and Safety Code, as amended by this Act, apply only to a
physician or other person attending a pregnant woman during
gestation or at delivery of an infant on or after January 1, 2010.
SECTION 5. This Act takes effect September 1, 2009.