| 1 | 1 | | 81R11186 JSC-F |
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| 2 | 2 | | By: West S.B. No. 1287 |
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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 certain health-related reports, records, and |
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| 8 | 8 | | information. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 81.103, Health and Safety Code, is |
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| 11 | 11 | | amended by amending Subsections (b) and (e) and adding Subsection |
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| 12 | 12 | | (k) to read as follows: |
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| 13 | 13 | | (b) A test result may be released to: |
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| 14 | 14 | | (1) the department under this chapter; |
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| 15 | 15 | | (2) a local health authority if reporting is required |
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| 16 | 16 | | under this chapter; |
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| 17 | 17 | | (3) the Centers for Disease Control and Prevention of |
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| 18 | 18 | | the United States Public Health Service if reporting is required by |
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| 19 | 19 | | federal law or regulation; |
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| 20 | 20 | | (4) the physician or other person authorized by law |
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| 21 | 21 | | who ordered the test; |
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| 22 | 22 | | (5) a physician, nurse, or other health care personnel |
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| 23 | 23 | | who have a legitimate need to know the test result in order to |
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| 24 | 24 | | provide for their protection and to provide for the patient's |
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| 25 | 25 | | health and welfare; |
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| 26 | 26 | | (6) the person tested or a person legally authorized |
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| 27 | 27 | | to consent to the test on the person's behalf; |
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| 28 | 28 | | (7) the spouse of the person tested if the person tests |
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| 29 | 29 | | positive for AIDS or HIV infection, antibodies to HIV, or infection |
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| 30 | 30 | | with any other probable causative agent of AIDS; |
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| 31 | 31 | | (8) a person authorized to receive test results under |
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| 32 | 32 | | Article 21.31, Code of Criminal Procedure, concerning a person who |
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| 33 | 33 | | is tested as required or authorized under that article; [and] |
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| 34 | 34 | | (9) a person exposed to HIV infection as provided by |
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| 35 | 35 | | Section 81.050; and |
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| 36 | 36 | | (10) a county or district court to comply with this |
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| 37 | 37 | | chapter or rules relating to the control and treatment of |
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| 38 | 38 | | communicable diseases and health conditions. |
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| 39 | 39 | | (e) A person may release or disclose a test result for |
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| 40 | 40 | | statistical summary purposes [only] without the written consent of |
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| 41 | 41 | | the person tested if information that could identify the person is |
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| 42 | 42 | | removed from the report. |
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| 43 | 43 | | (k) A judge of a county or district court may issue a |
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| 44 | 44 | | protective order or take other action to limit disclosure of a test |
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| 45 | 45 | | result obtained under this section before that information is |
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| 46 | 46 | | entered into evidence or otherwise released in a court proceeding. |
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| 47 | 47 | | SECTION 2. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2009. |
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