Texas 2023 - 88th Regular

Texas House Bill HB3377 Compare Versions

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Version 2 (New)

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1	1	88R22124 KKR-F
2	2	By: Jones of Dallas, Oliverson, Rose, H.B. No. 3377
3	3	Anderson, Wu, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to HIV and AIDS tests.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter D, Chapter 85, Health
11	11	and Safety Code, is amended to read as follows:
12	12	SUBCHAPTER D. HIV TESTING, TESTING PROGRAMS, AND COUNSELING
13	13	SECTION 2. Subchapter D, Chapter 85, Health and Safety
14	14	Code, is amended by adding Section 85.0815 to read as follows:
15	15	Sec. 85.0815. OPT-OUT HIV TESTING IN MEDICAL SCREENINGS FOR
16	16	SEXUALLY TRANSMITTED INFECTIONS. (a) A health care provider who
17	17	takes a sample of an individual's blood as part of a medical
18	18	screening for a sexually transmitted infection shall submit the
19	19	sample for an HIV diagnostic test, regardless of whether an HIV test
20	20	is part of a primary diagnosis, unless the individual opts out of
21	21	the HIV test.
22	22	(b) Before taking a sample of an individual's blood as part
23	23	of a medical screening for a sexually transmitted infection, a
24	24	health care provider must obtain the individual's consent for an
25	25	HIV diagnostic test or inform the individual that an HIV diagnostic
26	26	test will be performed unless the individual opts out of the HIV
27	27	test.
28	28	(c) A health care provider who submits an individual's blood
29	29	for an HIV diagnostic test shall provide to each individual who
30	30	receives a positive test result information on available HIV health
31	31	services and referrals to community support programs.
32	32	(d) The executive commissioner shall adopt rules to
33	33	implement this section. In adopting rules, the executive
34	34	commissioner must consider the most recent recommendations of the
35	35	Centers for Disease Control and Prevention for HIV testing of
36	36	adults and adolescents.
37	37	SECTION 3. (a) The executive commissioner of the Health and
38	38	Human Services Commission shall adopt the rules required by Section
39	39	85.0815, Health and Safety Code, as added by this Act, not later
40	40	than January 1, 2024.
41	41	(b) Notwithstanding Section 85.0815, Health and Safety
42	42	Code, as added by this Act, a health care provider is not required
43	43	to comply with that section until January 1, 2024.
44	44	SECTION 4. (a) Notwithstanding any other section of this
45	45	Act, in a state fiscal year, the Health and Human Services
46	46	Commission is not required to implement a mandatory provision in
47	47	another section of this Act imposing a duty on the commission to
48	48	take an action unless money is specifically appropriated to the
49	49	commission for that fiscal year to carry out that duty. The
50	50	commission may implement the provision in that fiscal year to the
51	51	extent other funding is available to the commission for the
52	52	implementation.
53	53	(b) If, as authorized by Subsection (a) of this section, the
54	54	Health and Human Services Commission does not implement the
55	55	mandatory provision in a state fiscal year, the commission, in the
56	56	commission's legislative budget request for the next state fiscal
57	57	biennium, shall certify that fact to the Legislative Budget Board
58	58	and include a written estimate of the costs of implementing the
59	59	provision in each year of that next state fiscal biennium.
60	60	(c) This section expires and any duty suspended by
61	61	Subsection (a) of this section becomes mandatory on September 1,
62	62	2027.
63	63	SECTION 5. This Act takes effect September 1, 2023.