BILL ANALYSIS


                                                        H.B. 1345
                                             By: Hamric (Sponsor)
                                        Health and Human Services
                                                         05-12-95
                              Senate Committee Report (Unamended)
BACKGROUND

The Food and Drug Administration has approved the treatment of
women infected with the human immunodeficiency virus (HIV) with
zidovudine (AZT).  The medication reduces the chances of maternal-infant HIV transmission by two-thirds.  In order to treat the
child, however, an infected mother must first be diagnosed as HIV
positive.

PURPOSE

As proposed, H.B. 1345 requires a blood sample to be taken to test
for HIV infection of a pregnant woman or on delivery of a child,
and prohibits a test for HIV infection to be conducted if the woman
objects.

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 Section 81.090, Health and Safety Code, by
amending Subsections (a), (c), and (d), and adding Subsections (i)-(o), as follows:

     (a) Requires a physician or other person permitted by law to
     attend a pregnant woman during gestation or at delivery of an
     infant to take a sample of the woman's blood and submit the
     sample to an approved laboratory for, among other tests, a
     standard serologic test for HIV infection approved by the
     Texas Board of Health (board).
     
     (c) Requires a physician or other person in attendance at a
     delivery to take a sample of blood from the mother or from the
     umbilical cord of the infant and submit the sample to an
     approved laboratory for, among other tests, a standard
     serologic test for HIV infection approved by the board.
     
     (d) Makes a conforming change.
     
     (i) Requires the physician or other person, before conducting
     or causing to be conducted a standard serologic test for HIV
     infection under this section, to advise the woman that the
     result of a test taken under this section is confidential as
     provided by Subchapter F, but that the test is not anonymous. 
     Requires the physician or other person to explain the
     difference between a confidential and an anonymous test to the
     woman.  Requires the physician or other person to make the
     information available in another language and in a manner
     understandable to a person who may be illiterate, if necessary
     and if resources permit.
     
     (j) Declares that the result of a standard test for HIV
     infection under Subsection (a)(2)(B) or (c)(2)(B) is a test
     result for purposes of Subchapter F.
     
     (k) Requires the health care provider, before the blood sample
     is taken, to distribute to the patient printed materials about
     acquired immune deficiency syndrome (AIDS), HIV, and syphilis,
     and to verbally notify the patient that an HIV test shall be
     performed if the patient does not object.  Requires the
     patient to be referred to an anonymous testing facility or
     instructed about anonymous testing methods if the patient
     objects.  Requires the health care provider to note on the
     medical records that the distribution of printed materials was
     made and that verbal notification was given.  Requires the
     materials to be provided to the health care provider by the
     Texas Department of Health and to be prepared and designed to
     provide certain information to the patients.
     
     (l) Prohibits a person from conducting a standard test for HIV
     infection under Subsection (a)(2)(B) or (c)(2)(B) if the woman
     objects.
     
     (m) Requires the physician or other person who submitted the
     sample for the test, if a screening test and a confirmatory
     test conducted under this section show that the woman is or
     may be infected with HIV, to provide or make available to the
     woman information relating to treatment of HIV infection and
     acquired immune deficiency syndrome, and counseling under
     Section 81.109.
     
     (n) Authorizes a physician or other person to comply with the
     requirements of Subsection (m)(1) by referring the woman to an
     entity that provides treatment for individuals infected with
     HIV or with acquired immune deficiency syndrome.
     
     (o) Defines "HIV."
     
     SECTION 2.     Amends Section 81.102(a), Health and Safety Code, to
prohibit a person from requiring another person to undergo a
medical procedure or test designed to determine or help determine
if a person has AIDS or HIV infection, antibodies to HIV, or
infection with any other probable causative agent of AIDS unless,
among other conditions, the medical procedure or test is required
under Section 81.090, and no objection has been made under Section
81.090(1).

SECTION 3. Effective date: September 1, 1995.
           Makes application of this Act prospective beginning
January 1, 1996.

SECTION 4. Emergency clause.