Texas 2025 - 89th Regular

Texas House Bill HB4147 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R18093 JTZ-F
2	2	By: Jones of Dallas H.B. No. 4147
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to informed consent for certain screening tests.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 85.002, Health and Safety Code, is
12	12	amended by adding Subdivision (4-a) to read as follows:
13	13	(4-a) "Screening test" means a rapid analytical
14	14	laboratory or other procedure to determine the need for further
15	15	diagnostic evaluation relating to an infection described by
16	16	Subdivision (1) or (4).
17	17	SECTION 2. Subchapter D, Chapter 85, Health and Safety
18	18	Code, is amended by adding Section 85.0815 to read as follows:
19	19	Sec. 85.0815. OPT-OUT TESTING IN MEDICAL SCREENINGS FOR
20	20	SEXUALLY TRANSMITTED DISEASES. (a) A health care provider who
21	21	collects a sample of an individual's blood as part of a medical
22	22	screening for a sexually transmitted disease shall submit the
23	23	sample for a screening test, unless the individual opts out of the
24	24	screening test.
25	25	(b) Before collecting a sample of an individual's blood as
26	26	part of a medical screening for a sexually transmitted disease, a
27	27	health care provider must obtain the individual's consent for a
28	28	screening test and inform the individual that the screening test
29	29	will be performed unless the individual opts out of the screening
30	30	test.
31	31	(c) If an individual receives a positive test result for a
32	32	screening test conducted under Subsection (a), the health care
33	33	provider who submitted the individual's blood for the test must
34	34	provide information on available and applicable health care,
35	35	education, prevention, and social support services to the
36	36	individual.
37	37	(d) The executive commissioner shall adopt rules to
38	38	implement this section. In adopting rules, the executive
39	39	commissioner must consider the most recent recommendations of the
40	40	Centers for Disease Control and Prevention for testing of adults
41	41	and adolescents using a screening test.
42	42	SECTION 3. (a) The executive commissioner of the Health and
43	43	Human Services Commission shall adopt the rules required by Section
44	44	85.0815, Health and Safety Code, as added by this Act, not later
45	45	than January 1, 2026.
46	46	(b) Notwithstanding Section 85.0815, Health and Safety
47	47	Code, as added by this Act, a health care provider is not required
48	48	to comply with that section until January 1, 2026.
49	49	SECTION 4. (a) Notwithstanding any other section of this
50	50	Act, in a state fiscal year, the Health and Human Services
51	51	Commission is not required to implement a mandatory provision in
52	52	another section of this Act imposing a duty on the commission to
53	53	take an action unless money is specifically appropriated to the
54	54	commission for that fiscal year to carry out that duty. The
55	55	commission may implement the provision in that fiscal year to the
56	56	extent other funding is available to the commission for the
57	57	implementation.
58	58	(b) If, as authorized by Subsection (a) of this section, the
59	59	Health and Human Services Commission does not implement the
60	60	mandatory provision in a state fiscal year, the commission, in the
61	61	commission's legislative budget request for the next state fiscal
62	62	biennium, shall certify that fact to the Legislative Budget Board
63	63	and include a written estimate of the costs of implementing the
64	64	provision in each year of that next state fiscal biennium.
65	65	(c) This section expires and any duty suspended by
66	66	Subsection (a) of this section becomes mandatory on September 1,
67	67	2029.
68	68	SECTION 5. This Act takes effect September 1, 2025.