By Hamric, et al.                                     H.B. No. 1345
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to tests for human immunodeficiency virus infection of
    1-3  pregnant women or on delivery of a child.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 81.090, Health and Safety Code, is
    1-6  amended by amending Subsections (a), (c), and (d) and adding
    1-7  Subsections (i), (j), (k), (l), (m), (n), and (o) to read as
    1-8  follows:
    1-9        (a)  A physician or other person permitted by law to attend a
   1-10  pregnant woman during gestation or at delivery of an infant shall:
   1-11              (1)  take or cause to be taken a sample of the woman's
   1-12  blood at the first examination and visit;
   1-13              (2)  submit the sample to a laboratory approved under
   1-14  this section for:
   1-15                    (A)  a standard serologic test for syphilis
   1-16  approved by the board; and
   1-17                    (B)  a standard serologic test for HIV infection
   1-18  approved by the board; and
   1-19              (3)  retain a report of each case for nine months and
   1-20  deliver the report to any successor in the case.
   1-21        (c)  A physician or other person in attendance at a delivery
   1-22  shall:
   1-23              (1)  take or cause to be taken a sample of blood from
   1-24  the mother or from the umbilical cord of the infant within 24 hours
    2-1  of delivery; and
    2-2              (2)  submit the sample to a laboratory approved under
    2-3  this section for:
    2-4                    (A)  a standard serologic test for syphilis
    2-5  approved by the board; and
    2-6                    (B)  a standard serologic test for HIV infection
    2-7  approved by the board.
    2-8        (d)  A state, county, municipal, or private laboratory that
    2-9  conducts standard serologic tests <for syphilis> on blood samples
   2-10  submitted under this section must be approved by the department.
   2-11  For the purpose of approving laboratories, the board shall adopt
   2-12  rules establishing:
   2-13              (1)  minimum standards of proficiency for a laboratory
   2-14  that conducts standard serologic tests;
   2-15              (2)  procedures for the inspection and monitoring of
   2-16  laboratories conducting standard serologic tests;
   2-17              (3)  criteria for the issuance, suspension, and
   2-18  revocation of laboratory proficiency certification to perform
   2-19  standard serologic tests; and
   2-20              (4)  criteria for approval and disapproval of serologic
   2-21  tests and procedures.
   2-22        (i)  Before conducting or causing to be conducted a standard
   2-23  serologic test for HIV infection under this section, the physician
   2-24  or other person shall advise the woman that the result of a test
   2-25  taken under this section is confidential as provided by Subchapter
   2-26  F, but that the test is not anonymous.  The physician or other
   2-27  person shall explain the difference between a confidential and an
    3-1  anonymous test to the woman and that an anonymous test may be
    3-2  available from another entity.  The physician or other person shall
    3-3  make the information available in another language, if needed, and
    3-4  if resources permit.  The information shall be provided by the
    3-5  physician or another person, as needed, in a manner and in terms
    3-6  understandable to a person who may be illiterate if resources
    3-7  permit.
    3-8        (j)  The result of a standard test for HIV infection under
    3-9  Subsection (a)(2)(B) or (c)(2)(B) is a test result for purposes of
   3-10  Subchapter F.
   3-11        (k)  Before the blood sample is taken, the health care
   3-12  provider shall distribute to the patient printed materials about
   3-13  AIDS, HIV, and syphilis and shall verbally notify the patient that
   3-14  an HIV test shall be performed if the patient does not object.  If
   3-15  the patient objects, the patient shall be referred to an anonymous
   3-16  testing facility or instructed about anonymous testing methods.
   3-17  The health care provider shall note on the medical records that the
   3-18  distribution of printed materials was made and that verbal
   3-19  notification was given.  The materials shall be provided to the
   3-20  health care provider by the Texas Department of Health and shall be
   3-21  prepared and designed to inform the patients about:
   3-22              (1)  the incidence and mode of transmission of AIDS,
   3-23  HIV, and syphilis;
   3-24              (2)  how being infected with HIV, AIDS, or syphilis
   3-25  could affect the health of their child;
   3-26              (3)  the available cure for syphilis;
   3-27              (4)  the available treatment to prevent maternal-infant
    4-1  HIV transmission; and
    4-2              (5)  methods to prevent the transmission of the HIV
    4-3  virus and syphilis.
    4-4        (l)  A physician or other person may not conduct a standard
    4-5  test for HIV infection under Subsection (a)(2)(B) or (c)(2)(B) if
    4-6  the woman objects.
    4-7        (m)  If a screening test and a confirmatory test conducted
    4-8  under this section show that the woman is or may be infected with
    4-9  HIV, the physician or other person who submitted the sample for the
   4-10  test shall provide or make available to the woman:
   4-11              (1)  information relating to treatment of HIV infection
   4-12  and acquired immune deficiency syndrome, which must be in another
   4-13  language, if needed, and must be presented, as necessary, in a
   4-14  manner and in terms understandable to a person who may be
   4-15  illiterate if resources permit; and
   4-16              (2)  counseling under Section 81.109.
   4-17        (n)  A physician or other person may comply with the
   4-18  requirements of Subsection (m)(1) by referring the woman to an
   4-19  entity that provides treatment for individuals infected with HIV or
   4-20  with acquired immune deficiency syndrome.
   4-21        (o)  In this section, "HIV" has the meaning assigned by
   4-22  Section 81.101.
   4-23        SECTION 2.  Section 81.102(a), Health and Safety Code, is
   4-24  amended to read as follows:
   4-25        (a)  A person may not require another person to undergo a
   4-26  medical procedure or test designed to determine or help determine
   4-27  if a person has AIDS or HIV infection, antibodies to HIV, or
    5-1  infection with any other probable causative agent of AIDS unless:
    5-2              (1)  the medical procedure or test is required under
    5-3  Subsection (d), under Section 81.050, or under Article 21.31, Code
    5-4  of Criminal Procedure;
    5-5              (2)  the medical procedure or test is required under
    5-6  Section 81.090, and no objection has been made under Section
    5-7  81.090(l);
    5-8              (3)  the medical procedure or test is authorized under
    5-9  Article 21.21-4, Insurance Code;
   5-10              (4) <(3)>  a medical procedure is to be performed on
   5-11  the person that could expose health care personnel to AIDS or HIV
   5-12  infection, according to board guidelines defining the conditions
   5-13  that constitute possible exposure to AIDS or HIV infection, and
   5-14  there is sufficient time to receive the test result before the
   5-15  procedure is conducted; or
   5-16              (5) <(4)>  the medical procedure or test is necessary:
   5-17                    (A)  as a bona fide occupational qualification
   5-18  and there is not a less discriminatory means of satisfying the
   5-19  occupational qualification;
   5-20                    (B)  to screen blood, blood products, body
   5-21  fluids, organs, or tissues to determine suitability for donation;
   5-22                    (C)  in relation to a particular person under
   5-23  this chapter;
   5-24                    (D)  to manage accidental exposure to blood or
   5-25  other body fluids, but only if the test is conducted under written
   5-26  infectious disease control protocols adopted by the health care
   5-27  agency or facility;
    6-1                    (E)  to test residents and clients of residential
    6-2  facilities of the Texas Department of Mental Health and Mental
    6-3  Retardation, but only if:
    6-4                          (i)  the test result would change the
    6-5  medical or social management of the person tested or others who
    6-6  associated with that person; and
    6-7                          (ii)  the test is conducted in accordance
    6-8  with guidelines adopted by the residential facility or the Texas
    6-9  Department of Mental Health and Mental Retardation and approved by
   6-10  the department; or
   6-11                    (F)  to test residents and clients of residential
   6-12  facilities of the Texas Youth Commission, but only if:
   6-13                          (i)  the test result would change the
   6-14  medical or social management of the person tested or others who
   6-15  associate with that person; and
   6-16                          (ii)  the test is conducted in accordance
   6-17  with guidelines adopted by the Texas Youth Commission.
   6-18        SECTION 3.  This Act takes effect September 1, 1995, and
   6-19  applies only to a physician or other person attending a pregnant
   6-20  woman during gestation or at delivery of an infant on or after
   6-21  January 1, 1996.
   6-22        SECTION 4.  The importance of this legislation and the
   6-23  crowded condition of the calendars in both houses create an
   6-24  emergency and an imperative public necessity that the
   6-25  constitutional rule requiring bills to be read on three several
   6-26  days in each house be suspended, and this rule is hereby suspended.