75R9111 DLF-D                           

         By Maxey                                               H.B. No. 164

         Substitute the following for H.B. No. 164:

         By Maxey                                           C.S.H.B. No. 164

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to tests for human immunodeficiency virus infection on

 1-3     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), (j), and (l) and adding

 1-7     Subsection (g) 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)  subject to Subsection (g), a standard

1-17     serologic test for HIV infection 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           (g)  A physician or other person is not required to submit a

 2-8     sample for a standard serologic test for HIV infection under

 2-9     Subsection (a) if the first examination and visit occurs at the

2-10     time of the delivery of the infant.

2-11           (j)  The result of a standard test for HIV infection under

2-12     Subsection (a)(2)(B) [or (c)(2)(B)] is a test result for purposes

2-13     of Subchapter F.

2-14           (l)  A physician or other person may not conduct a standard

2-15     test for HIV infection under Subsection (a)(2)(B) [or (c)(2)(B)] if

2-16     the woman objects.

2-17           SECTION 2.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended,

2-22     and that this Act take effect and be in force from and after its

2-23     passage, and it is so enacted.