BILL ANALYSIS
H.B. 1491
By: Sadler (Nixon)
Health and Human Services
05-17-95
Senate Committee Report (Unamended)
BACKGROUND
Section 81.051, Health and Safety Code, establishes the Texas
Department of Health partner notification program for persons with
HIV. Current law requires an employee of the program to notify the
partner of a person with HIV only if the infected person
voluntarily discloses the partner's name. The law also requires
the program to provide counseling, testing, and referral services.
All of the information the program collects is confidential.
PURPOSE
As proposed, H.B. 1491 requires a health care professional, as part
of the partner notification program for persons with HIV, to notify
a partner of an individual who is infected with HIV regardless of
the consent of the individual with HIV.
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 81.051, Health and Safety Code, by adding
Subsections (g) and (h), and relettering current Subsections (g)-(i), as follows:
(g) Requires a partner notification program for individuals
with HIV to be carried out as follows: requires a partner
notification program to make the notification of a partner of
a person with HIV infection in the manner authorized by this
section regardless of whether the person with HIV infection
who gave the partner's name consents to the notification, and
a health care professional to notify the partner notification
program when the health care professional knows the HIV+
status of a patient and the health care professional has
actual knowledge of the possible transmission of HIV to a
third party. Requires this notification to be carried out in
the manner authorized in this section and Section 81.103.
(h) Makes a health care professional who fails to make the
notification under Subsection (g) immune from civil or
criminal liability for failure to make that notification.
(i)-(k) Redesignate existing Subsections (g)-(i).
SECTION 2. Emergency clause.
Effective date: upon passage.