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A BILL TO BE ENTITLED
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AN ACT
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relating to HIV and AIDS tests. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter D, Chapter 85, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER D. HIV TESTING, TESTING PROGRAMS, AND COUNSELING |
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SECTION 2. Subchapter D, Chapter 85, Health and Safety |
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Code, is amended by adding Section 85.0815 to read as follows: |
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Sec. 85.0815. OPT-OUT HIV TESTING IN CERTAIN ROUTINE |
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MEDICAL SCREENINGS. (a) A health care provider who takes a sample |
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of an individual's blood as part of a medical screening may submit |
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the sample for an HIV diagnostic test, regardless of whether an HIV |
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test is part of a primary diagnosis, unless the individual opts out |
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of the HIV test. |
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(b) Before taking a sample of an individual's blood as part |
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of a medical screening, a health care provider must obtain the |
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individual's consent for an HIV diagnostic test or inform the |
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individual that an HIV diagnostic test will be performed unless the |
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individual opts out of the HIV test. |
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(c) A health care provider who submits an individual's blood |
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for an HIV diagnostic test shall provide to each individual who |
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receives a positive test result information on available HIV health |
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services and referrals to community support programs. |
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(d) The executive commissioner shall adopt rules to |
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implement this section. In adopting rules, the executive |
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commissioner must consider the most recent recommendations of the |
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Centers for Disease Control and Prevention for HIV testing of |
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adults and adolescents. |
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SECTION 3. Section 32.024, Human Resources Code, is amended |
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by adding Subsection (ee) to read as follows: |
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(ee) The executive commissioner shall adopt rules to |
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require the commission to provide an HIV test in accordance with |
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Section 85.0815, Health and Safety Code, to an individual who |
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receives medical assistance. |
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SECTION 4. If before implementing the change in law made by |
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Section 32.024(ee), Human Resources Code, as added by this Act, a |
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state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that change in |
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law, the agency affected by the change in law shall request the |
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waiver or authorization and may delay implementing that change in |
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law until the waiver or authorization is granted. |
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SECTION 5. (a) The executive commissioner of the Health |
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and Human Services Commission shall adopt the rules required by |
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Section 85.0815, Health and Safety Code, as added by this Act, and |
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Section 32.024(ee), Human Resources Code, as added by this Act, not |
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later than January 1, 2024. |
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(b) Notwithstanding Section 85.0815, Health and Safety |
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Code, as added by this Act, a health care provider is not required |
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to comply with that section until January 1, 2024. |
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SECTION 6. (a) Notwithstanding any other section of this |
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Act, in a state fiscal year, the Health and Human Services |
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Commission is not required to implement a mandatory provision in |
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another section of this Act imposing a duty on the commission to |
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take an action unless money is specifically appropriated to the |
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commission for that fiscal year to carry out that duty. The |
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commission may implement the provision in that fiscal year to the |
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extent other funding is available to the commission for the |
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implementation. |
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(b) If, as authorized by Subsection (a) of this section, the |
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Health and Human Services Commission does not implement the |
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mandatory provision in a state fiscal year, the commission, in the |
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commission's legislative budget request for the next state fiscal |
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biennium, shall certify that fact to the Legislative Budget Board |
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and include a written estimate of the costs of implementing the |
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provision in each year of that next state fiscal biennium. |
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(c) This section expires and any duty suspended by |
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Subsection (a) of this section becomes mandatory on September 1, |
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2027. |
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SECTION 7. This Act takes effect September 1, 2023. |