BILL ANALYSIS


                                                         H.B. 988
                                             By: Maxey (Gallegos)
                                        Health and Human Services
                                                           4-6-95
                                Senate Committee Report (Amended)
BACKGROUND

The fear of the divulgence of human immunodeficiency virus (HIV)
test results to an insurance agency or employer creates a barrier
to HIV testing for some persons.  Technology has been developed
that allows a person to collect a blood sample and send it to a
laboratory for HIV testing.  Seven to 10 days later, a person would
call a toll-free number, give the operator a code number, receive
anonymous counseling, get the test results, and be referred to a
service provider for follow-up services, if required.

PURPOSE

As proposed, H.B. 988 sets forth regulations regarding home
collection kits for human immunodeficiency virus infection testing
and provides penalties.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 85, Health and Safety Code, by adding
Subchapter J, as follows:

  SUBCHAPTER J.  HOME COLLECTION KITS FOR HIV INFECTION TESTING

     Sec. 85.251.  DEFINITIONS.  Defines "home collection kit" and
     "service provider."
     
     Sec. 85.252.  PROHIBITIONS RELATING TO HOME COLLECTION KIT. 
     (a) Prohibits a person from marketing, distributing, or
     selling a home collection kit for human immunodeficiency virus
     infection testing (kit) in this state, unless the kit complies
     with Chapter 431.
     
     Sec. 85.253.  PROHIBITIONS RELATING TO HOME TESTING.  (a)
     Prohibits a person from marketing, distributing, or selling a
     product for public use to test a specimen collected from the
     human body (specimen) for human immunodeficiency virus (HIV)
     infection, unless the kit complies with Chapter 431.
     
     (b) Provides that this section does not apply to a product
       marketed, distributed, or sold only to physicians or other
       persons authorized by law to test a specimen for HIV
       infection.
       
       (c) Prohibits a person from requiring an individual to be
       tested for HIV infection under Section 81.102.
       
       Sec. 85.254.  PACKAGE OF SERVICES.  Requires a kit to be sold
     as part of a package of certain services.
     
     Sec. 85.255.  QUALIFIED FACILITY.  Requires a facility that
     tests a specimen collected with a kit to comply with the
     Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C.
     Section 263a).
     
     Sec. 85.256.  ORAL REPORTING.  Requires a service provider to
     report test results from a kit orally to the individual
     tested.
     
     Sec. 85.257.  COUNSELING; COUNSELING PROTOCOLS.  (a) Requires
     a service provider to provide pretesting counseling to an
     individual who is considering using a kit, and authorizes the
     counseling to be provided orally by telephone or through
     written information included with the kit.
     
     (b) Requires the service provider, at the time the test
       results are reported to the individual tested, to provide
       counseling and appropriate referral for care and treatment.
       
       (c) Requires counseling to conform with counseling protocols
       adopted by the Texas Board of Health (board). Requires the
       protocols to be consistent with Sections 81.109 and 85.081.
       
       (d) Requires counseling under this section to be provided in
       English and Spanish.  Authorizes the board to require a
       service provider to provide counseling in another language
       if the board finds that the service provider is marketing
       kits in a community where a significant portion of the
       population speaks a language other than English or Spanish.
       
       (e) Prohibits a service provider, in providing counseling,
       from soliciting the purchase of additional services or
       products, or from referring the individual being counseled
       to certain entities.
       
       Sec. 85.258.  LABELING.  (a) Requires a kit to meet the
     requirements of Chapter 431.
     
     (b) Requires the labelling to explain which persons and
       entities will have access to the test results.
       
       (c) Requires a kit labeled in Spanish to be available. 
       Authorizes the board to require a service provider to label
       a kit in another language upon finding that the provider
       markets kits in a community where a significant portion of
       the population speaks a language other than English or
       Spanish.
       
       Sec. 85.259.  ENFORCEMENT.  Calls a kit a "device" according
     to the definition of "device" under Section 431.002, and
     subjects a kit and any violation of Section 85.258 to the
     provisions for enforcement under Chapter 431.
     
     Sec. 85.260.  CONFIDENTIALITY.  (a) Makes confidential any
     statement that an identifiable individual has or has not been
     tested with a kit.
     
     (b) Provides that a person commits an offense, punishable as
       an offense under Section 81.103, if the person violates this
       section.
       
       Sec. 85.261.  CERTAIN TECHNOLOGY PROHIBITED.  Prohibits a
     service provider from using technology that permits the
     provider to identify an individual to whom test results or
     counseling is provided, or to identify the telephone number
     from which that individual is calling.
     
     Sec. 85.262.  REPORTS.  Requires a service provider to report
     test results from a kit in the manner provided by Chapter 81B.
     
     SECTION 2.     (a) Declares that the legislature encourages
manufacturers of kits to make the kits available, at reduced cost,
to appropriate nonprofit organizations for use in HIV testing and
counseling programs.

     (b) Declares that the legislature intends that the use of kits
     shall not affect the accessibility of anonymous testing
     programs established by the Texas Department of Health.
     
     SECTION 3.     Emergency clause.
           Effective date: upon passage.