81R11186 JSC-F
By: West S.B. No. 1287
A BILL TO BE ENTITLED
AN ACT
relating to certain health-related reports, records, and
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.103, Health and Safety Code, is
amended by amending Subsections (b) and (e) and adding Subsection
(k) to read as follows:
(b) A test result may be released to:
(1) the department under this chapter;
(2) a local health authority if reporting is required
under this chapter;
(3) the Centers for Disease Control and Prevention of
the United States Public Health Service if reporting is required by
federal law or regulation;
(4) the physician or other person authorized by law
who ordered the test;
(5) a physician, nurse, or other health care personnel
who have a legitimate need to know the test result in order to
provide for their protection and to provide for the patient's
health and welfare;
(6) the person tested or a person legally authorized
to consent to the test on the person's behalf;
(7) the spouse of the person tested if the person tests
positive for AIDS or HIV infection, antibodies to HIV, or infection
with any other probable causative agent of AIDS;
(8) a person authorized to receive test results under
Article 21.31, Code of Criminal Procedure, concerning a person who
is tested as required or authorized under that article; [and]
(9) a person exposed to HIV infection as provided by
Section 81.050; and
(10) a county or district court to comply with this
chapter or rules relating to the control and treatment of
communicable diseases and health conditions.
(e) A person may release or disclose a test result for
statistical summary purposes [only] without the written consent of
the person tested if information that could identify the person is
removed from the report.
(k) A judge of a county or district court may issue a
protective order or take other action to limit disclosure of a test
result obtained under this section before that information is
entered into evidence or otherwise released in a court proceeding.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.