By: Jones of Dallas H.B. No. 2235
A BILL TO BE ENTITLED
AN ACT
relating to HIV and AIDS tests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter D, Chapter 85, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER D. HIV TESTING, TESTING PROGRAMS, AND COUNSELING
SECTION 2. Subchapter D, Chapter 85, Health and Safety
Code, is amended by adding Section 85.0815 to read as follows:
Sec. 85.0815. OPT-OUT HIV TESTING IN CERTAIN ROUTINE
MEDICAL SCREENINGS. (a) A health care provider who takes a sample
of an individual's blood as part of a medical screening may submit
the sample for an HIV diagnostic test, regardless of whether an HIV
test is part of a primary diagnosis, unless the individual opts out
of the HIV test.
(b) Before taking a sample of an individual's blood as part
of a medical screening, a health care provider must obtain the
individual's written consent for an HIV diagnostic test or verbally
inform the individual that an HIV diagnostic test will be performed
unless the individual opts out of the HIV test.
(c) A health care provider who submits an individual's blood
for an HIV diagnostic test shall provide to each individual who
receives a positive test result information on available HIV health
services and referrals to community support programs.
(d) The executive commissioner shall adopt rules to
implement this section. In adopting rules, the executive
commissioner must consider the most recent recommendations of the
Centers for Disease Control and Prevention for HIV testing of
adults and adolescents.
SECTION 3. Section 32.024, Human Resources Code, is amended
by adding Subsection (ee) to read as follows:
(ee) The executive commissioner shall adopt rules to require
the commission to provide an HIV test in accordance with Section
85.0815, Health and Safety Code, to an individual who receives
medical assistance.
SECTION 4. (a) The executive commissioner of the Health and
Human Services Commission shall adopt the rules required by Section
85.0815, Health and Safety Code, as added by this Act, and Section
32.024(ee), Human Resources Code, as added by this Act, not later
than January 1, 2024.
(b) Notwithstanding Section 85.0815, Health and Safety
Code, as added by this Act, a health care provider is not required
to comply with that section until January 1, 2024.
SECTION 5. This Act takes effect September 1, 2023.