By Hamric H.B. No. 1345
74R5904 DLF-D
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), and (m) to read as follows:
1-8 (a) A physician or other person permitted by law to attend a
1-9 pregnant woman during gestation or at delivery of an infant shall:
1-10 (1) take or cause to be taken a sample of the woman's
1-11 blood at the first examination and visit;
1-12 (2) submit the sample to a laboratory approved under
1-13 this section for:
1-14 (A) a standard serologic test for syphilis
1-15 approved by the board; and
1-16 (B) a standard serologic test for HIV infection
1-17 approved by the board; and
1-18 (3) retain a report of each case for nine months and
1-19 deliver the report to any successor in the case.
1-20 (c) A physician or other person in attendance at a delivery
1-21 shall:
1-22 (1) take or cause to be taken a sample of blood from
1-23 the mother or from the umbilical cord of the infant within 24 hours
1-24 of delivery; and
2-1 (2) submit the sample to a laboratory approved under
2-2 this section for:
2-3 (A) a standard serologic test for syphilis
2-4 approved by the board; and
2-5 (B) a standard serologic test for HIV infection
2-6 approved by the board.
2-7 (d) A state, county, municipal, or private laboratory that
2-8 conducts standard serologic tests <for syphilis> on blood samples
2-9 submitted under this section must be approved by the department.
2-10 For the purpose of approving laboratories, the board shall adopt
2-11 rules establishing:
2-12 (1) minimum standards of proficiency for a laboratory
2-13 that conducts standard serologic tests;
2-14 (2) procedures for the inspection and monitoring of
2-15 laboratories conducting standard serologic tests;
2-16 (3) criteria for the issuance, suspension, and
2-17 revocation of laboratory proficiency certification to perform
2-18 standard serologic tests; and
2-19 (4) criteria for approval and disapproval of serologic
2-20 tests and procedures.
2-21 (i) The result of a standard test for HIV infection under
2-22 Subsection (a)(2)(B) or (c)(2)(B) is a test result for purposes of
2-23 Subchapter F.
2-24 (j) A physician or other person may not conduct a standard
2-25 test for HIV infection under Subsection (a)(2)(B) or (c)(2)(B) if
2-26 the woman objects. If the woman objects, the physician or other
2-27 person shall include a record of the woman's objection in the
3-1 woman's medical record.
3-2 (k) If a test conducted under this section shows that the
3-3 woman is or may be infected with HIV, the physician or other person
3-4 who submitted the sample for the test shall provide or make
3-5 available to the woman:
3-6 (1) information relating to treatment of HIV infection
3-7 and acquired immune deficiency syndrome; and
3-8 (2) counseling under Section 81.109.
3-9 (l) A physician or other person may comply with the
3-10 requirements of Subsection (k)(1) by referring the woman to an
3-11 entity that provides treatment for individuals infected with HIV or
3-12 with acquired immune deficiency syndrome.
3-13 (m) In this section, "HIV" has the meaning assigned by
3-14 Section 81.101.
3-15 SECTION 2. Section 81.102(a), Health and Safety Code, is
3-16 amended to read as follows:
3-17 (a) A person may not require another person to undergo a
3-18 medical procedure or test designed to determine or help determine
3-19 if a person has AIDS or HIV infection, antibodies to HIV, or
3-20 infection with any other probable causative agent of AIDS unless:
3-21 (1) the medical procedure or test is required under
3-22 Subsection (d), under Section 81.050, or under Article 21.31, Code
3-23 of Criminal Procedure;
3-24 (2) the medical procedure or test is required under
3-25 Section 81.090, and no objection has been made under Section
3-26 81.090(j);
3-27 (3) the medical procedure or test is authorized under
4-1 Article 21.21-4, Insurance Code;
4-2 (4) <(3)> a medical procedure is to be performed on
4-3 the person that could expose health care personnel to AIDS or HIV
4-4 infection, according to board guidelines defining the conditions
4-5 that constitute possible exposure to AIDS or HIV infection, and
4-6 there is sufficient time to receive the test result before the
4-7 procedure is conducted; or
4-8 (5) <(4)> the medical procedure or test is necessary:
4-9 (A) as a bona fide occupational qualification
4-10 and there is not a less discriminatory means of satisfying the
4-11 occupational qualification;
4-12 (B) to screen blood, blood products, body
4-13 fluids, organs, or tissues to determine suitability for donation;
4-14 (C) in relation to a particular person under
4-15 this chapter;
4-16 (D) to manage accidental exposure to blood or
4-17 other body fluids, but only if the test is conducted under written
4-18 infectious disease control protocols adopted by the health care
4-19 agency or facility;
4-20 (E) to test residents and clients of residential
4-21 facilities of the Texas Department of Mental Health and Mental
4-22 Retardation, but only if:
4-23 (i) the test result would change the
4-24 medical or social management of the person tested or others who
4-25 associated with that person; and
4-26 (ii) the test is conducted in accordance
4-27 with guidelines adopted by the residential facility or the Texas
5-1 Department of Mental Health and Mental Retardation and approved by
5-2 the department; or
5-3 (F) to test residents and clients of residential
5-4 facilities of the Texas Youth Commission, but only if:
5-5 (i) the test result would change the
5-6 medical or social management of the person tested or others who
5-7 associate with that person; and
5-8 (ii) the test is conducted in accordance
5-9 with guidelines adopted by the Texas Youth Commission.
5-10 SECTION 3. This Act takes effect September 1, 1995, and
5-11 applies only to a physician or other person attending a pregnant
5-12 woman during gestation or at delivery of an infant on or after
5-13 January 1, 1996.
5-14 SECTION 4. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.