1-1 By: Sadler (Senate Sponsor - Nixon) H.B. No. 1491
1-2 (In the Senate - Received from the House April 18, 1995;
1-3 April 19, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 17, 1995, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 17, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to partner notification programs for persons with human
1-9 immunodeficiency virus infection.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 81.051, Health and Safety Code, is
1-12 amended by adding new Subsections (g) and (h) and relettering
1-13 current Subsections (g)-(i) to read as follows:
1-14 (g) A partner notification program shall be carried out as
1-15 follows:
1-16 (1) a partner notification program shall make the
1-17 notification of a partner of a person with HIV infection in the
1-18 manner authorized by this section regardless of whether the person
1-19 with HIV infection who gave the partner's name consents to the
1-20 notification; and
1-21 (2) a health care professional shall notify the
1-22 partner notification program when the health care professional
1-23 knows the HIV+ status of a patient and the health care professional
1-24 has actual knowledge of possible transmission of HIV to a third
1-25 party. Such notification shall be carried out in the manner
1-26 authorized in this section and Section 81.103.
1-27 (h) A health care professional who fails to make the
1-28 notification required by Subsection (g) is immune from civil or
1-29 criminal liability for failure to make that notification.
1-30 (i) <(g)> A partner notification program shall provide
1-31 counseling, testing, or referral services to a person with HIV
1-32 infection regardless of whether the person discloses the names of
1-33 any partners.
1-34 (j) <(h)> A partner notification program shall routinely
1-35 evaluate the performance of counselors and other program personnel
1-36 to ensure that high quality services are being delivered. A
1-37 program shall adopt quality assurance and training guidelines
1-38 according to recommendations of the Centers for Disease Control of
1-39 the United States Public Health Service for professionals
1-40 participating in the program.
1-41 (k) <(i)> In this section, "HIV" has the meaning assigned by
1-42 Section 81.101.
1-43 SECTION 2. The importance of this legislation and the
1-44 crowded condition of the calendars in both houses create an
1-45 emergency and an imperative public necessity that the
1-46 constitutional rule requiring bills to be read on three several
1-47 days in each house be suspended, and this rule is hereby suspended,
1-48 and that this Act take effect and be in force from and after its
1-49 passage, and it is so enacted.
1-50 * * * * *