Texas 2009 - 81st Regular

Texas Senate Bill SB1886 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Ellis S.B. No. 1886
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to diagnostic testing of pregnant women and certain
7	7	newborns.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Section 81.090, Health and Safety
10	10	Code, is amended to read as follows:
11	11	Sec. 81.090. DIAGNOSTIC [SEROLOGIC] TESTING DURING
12	12	PREGNANCY AND AFTER BIRTH.
13	13	SECTION 2. Section 81.090, Health and Safety Code, is
14	14	amended by amending Subsections (a), (b), (c), (i), (j), (k), and
15	15	(l) and adding Subsections (a-1), (c-1), and (c-2) to read as
16	16	follows:
17	17	(a) A physician or other person permitted by law to attend a
18	18	pregnant woman during gestation or at delivery of an infant shall:
19	19	(1) take or cause to be taken a sample of the woman's
20	20	blood or other appropriate specimen at the first examination and
21	21	visit;
22	22	(2) submit the sample to an appropriately certified
23	23	[a] laboratory [approved under this section] for diagnostic testing
24	24	approved by the United States Food and Drug Administration for:
25	25	(A) [a standard serologic test for] syphilis
26	26	[approved by the board];
27	27	(B) [a standard serologic test for] HIV infection
28	28	[approved by the board]; and
29	29	(C) [a standard serologic test for] hepatitis B
30	30	infection [approved by the board]; and
31	31	(3) retain a report of each case for nine months and
32	32	deliver the report to any successor in the case.
33	33	(a-1) A physician or other person permitted by law to attend
34	34	a pregnant woman during gestation or at delivery of an infant shall:
35	35	(1) take or cause to be taken a sample of the woman's
36	36	blood or other appropriate specimen at an examination in the third
37	37	trimester of the pregnancy;
38	38	(2) submit the sample to an appropriately certified
39	39	laboratory for a diagnostic test approved by the United States Food
40	40	and Drug Administration for HIV infection; and
41	41	(3) retain a report of each case for nine months and
42	42	deliver the report to any successor in the case.
43	43	(b) A successor is presumed to have complied with this
44	44	section if the successor in good faith obtains a record that
45	45	indicates compliance with Subsections (a) and (a-1), if applicable.
46	46	(c) A physician or other person in attendance at a delivery
47	47	shall:
48	48	(1) take or cause to be taken a sample of blood or
49	49	other appropriate specimen from the mother on admission for
50	50	delivery; and
51	51	(2) submit the sample to an appropriately certified
52	52	[a] laboratory [approved under this section] for diagnostic testing
53	53	approved by the United States Food and Drug Administration for:
54	54	(A) [a standard serologic test for] syphilis
55	55	[approved by the board]; and
56	56	(B) [a standard serologic test for HIV infection
57	57	approved by the board; and
58	58	[(C) a standard serologic test for] hepatitis B
59	59	infection [approved by the board].
60	60	(c-1) If the physician or other person in attendance at the
61	61	delivery does not find in the woman's medical records results from
62	62	the diagnostic test for HIV infection performed under Subsection
63	63	(a-1), the physician or person shall:
64	64	(1) take or cause to be taken a sample of blood or
65	65	other appropriate specimen from the mother;
66	66	(2) submit the sample to an appropriately certified
67	67	laboratory for diagnostic testing approved by the United States
68	68	Food and Drug Administration for HIV infection; and
69	69	(3) instruct the laboratory to expedite the processing
70	70	of the test so that the results are received less than six hours
71	71	after the time the sample is submitted.
72	72	(c-2) If the physician or other person in attendance at the
73	73	delivery does not find in the woman's medical records results from a
74	74	diagnostic test for HIV infection performed under Subsection (a-1),
75	75	and the diagnostic test for HIV infection was not performed before
76	76	delivery under Subsection (c-1), the physician or other person in
77	77	attendance at delivery shall:
78	78	(1) take or cause to be taken a sample of blood or
79	79	other appropriate specimen from the newborn child less than two
80	80	hours after the time of birth;
81	81	(2) submit the sample to an appropriately certified
82	82	laboratory for a diagnostic test approved by the United States Food
83	83	and Drug Administration for HIV infection; and
84	84	(3) instruct the laboratory to expedite the processing
85	85	of the test so that the results are received less than six hours
86	86	after the time the sample is submitted.
87	87	(i) Before conducting or causing to be conducted a
88	88	diagnostic [standard serologic] test for HIV infection under this
89	89	section, the physician or other person shall advise the woman that
90	90	the result of a test taken under this section is confidential as
91	91	provided by Subchapter F, but that the test is not anonymous. The
92	92	physician or other person shall explain the difference between a
93	93	confidential and an anonymous test to the woman and that an
94	94	anonymous test may be available from another entity. The physician
95	95	or other person shall make the information available in another
96	96	language, if needed, and if resources permit. The information
97	97	shall be provided by the physician or another person, as needed, in
98	98	a manner and in terms understandable to a person who may be
99	99	illiterate if resources permit.
100	100	(j) The result of a [standard] test for HIV infection under
101	101	Subsection (a)(2)(B), (a-1), (c-1), or (c-2) [(c)(2)(B)] is a test
102	102	result for purposes of Subchapter F.
103	103	(k) Before the [blood] sample is taken, the health care
104	104	provider shall distribute to the patient printed materials about
105	105	AIDS, HIV, hepatitis B, and syphilis. A health care provider shall
106	106	verbally notify the patient that an HIV test shall be performed if
107	107	the patient does not object. If the patient objects, the patient
108	108	shall be referred to an anonymous testing facility or instructed
109	109	about anonymous testing methods. The health care provider shall
110	110	note on the medical records that the distribution of printed
111	111	materials was made and that verbal notification was given. The
112	112	materials shall be provided to the health care provider by the
113	113	department [Texas Department of Health] and shall be prepared and
114	114	designed to inform the patients about:
115	115	(1) the incidence and mode of transmission of AIDS,
116	116	HIV, hepatitis B, and syphilis;
117	117	(2) how being infected with HIV, AIDS, hepatitis B, or
118	118	syphilis could affect the health of their child;
119	119	(3) the available cure for syphilis;
120	120	(4) the available treatment to prevent
121	121	maternal-infant HIV transmission; and
122	122	(5) methods to prevent the transmission of the HIV
123	123	virus, hepatitis B, and syphilis.
124	124	(l) A physician or other person may not conduct a diagnostic
125	125	[standard] test for HIV infection under Subsection (a)(2)(B),
126	126	(a-1), or (c-1) [(c)(2)(B)] if the woman objects. A physician or
127	127	other person may not conduct a diagnostic test for HIV infection
128	128	under Subsection (c-2) if a parent, managing conservator, or
129	129	guardian objects.
130	130	SECTION 3. Subsections (d), (e), (f), and (h), Section
131	131	81.090, Health and Safety Code, are repealed.
132	132	SECTION 4. (a) Subsections (a), (c), (i), and (k), Section
133	133	81.090, Health and Safety Code, as amended by this Act, apply only
134	134	to a test performed on or after the effective date of this Act. A
135	135	test performed before the effective date of this Act is covered by
136	136	the law in effect immediately before the effective date of this Act,
137	137	and the former law is continued in effect for that purpose.
138	138	(b) Subsections (a-1), (c-1), and (c-2), Section 81.090,
139	139	Health and Safety Code, as added by this Act, and Subsections (b),
140	140	(j), and (l), Section 81.090, Health and Safety Code, as amended by
141	141	this Act, apply only to a physician or other person attending a
142	142	pregnant woman during gestation or at delivery of an infant on or
143	143	after January 1, 2010.
144	144	SECTION 5. This Act takes effect September 1, 2009.