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.