H.B. No. 1491
1-1 AN ACT
1-2 relating to partner notification programs for persons with human
1-3 immunodeficiency virus infection.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 81.051, Health and Safety Code, is
1-6 amended by adding new Subsections (g) and (h) and relettering
1-7 current Subsections (g)-(i) to read as follows:
1-8 (g) A partner notification program shall be carried out as
1-9 follows:
1-10 (1) a partner notification program shall make the
1-11 notification of a partner of a person with HIV infection in the
1-12 manner authorized by this section regardless of whether the person
1-13 with HIV infection who gave the partner's name consents to the
1-14 notification; and
1-15 (2) a health care professional shall notify the
1-16 partner notification program when the health care professional
1-17 knows the HIV+ status of a patient and the health care professional
1-18 has actual knowledge of possible transmission of HIV to a third
1-19 party. Such notification shall be carried out in the manner
1-20 authorized in this section and Section 81.103.
1-21 (h) A health care professional who fails to make the
1-22 notification required by Subsection (g) is immune from civil or
1-23 criminal liability for failure to make that notification.
1-24 (i) <(g)> A partner notification program shall provide
2-1 counseling, testing, or referral services to a person with HIV
2-2 infection regardless of whether the person discloses the names of
2-3 any partners.
2-4 (j) <(h)> A partner notification program shall routinely
2-5 evaluate the performance of counselors and other program personnel
2-6 to ensure that high quality services are being delivered. A
2-7 program shall adopt quality assurance and training guidelines
2-8 according to recommendations of the Centers for Disease Control of
2-9 the United States Public Health Service for professionals
2-10 participating in the program.
2-11 (k) <(i)> In this section, "HIV" has the meaning assigned by
2-12 Section 81.101.
2-13 SECTION 2. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.