81R10193 MCK-D
By: Deuell S.B. No. 2419
A BILL TO BE ENTITLED
AN ACT
relating to preventative treatment for state employees exposed to
HIV while performing duties of employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 85.116(a), (d), and (e), Health and
Safety Code, are amended to read as follows:
(a) On an employee's request, a state agency shall pay the
costs of testing, preventative treatment, and counseling an
employee of that agency concerning HIV infection if:
(1) the employee documents to the agency's
satisfaction that the employee may have been exposed to HIV while
performing duties of employment with that agency; and
(2) the employee was exposed to HIV in a manner that
the United States Public Health Service has determined is capable
of transmitting HIV.
(d) The cost of a state employee's testing, preventative
treatment, and counseling shall be paid from funds appropriated for
payment of workers' compensation benefits to state employees. The
director of the workers' compensation division of the attorney
general's office shall adopt rules necessary to administer this
subsection.
(e) Counseling or a test conducted under this section must
conform to the model protocol on HIV counseling and testing
prescribed by the department. Preventative treatment for HIV
provided under this section must conform to the model protocol on
HIV preventative treatment prescribed by the department.
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.