By Patterson S.B. No. 494 75R214 SAW-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to HIV testing for pregnant women who are Medicaid 1-3 recipients. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 81.090(l), Health and Safety Code, is 1-6 amended to read as follows: 1-7 (l) A physician or other person may not conduct a standard 1-8 test for HIV infection under Subsection (a)(2)(B) or (c)(2)(B) if 1-9 the woman objects. If a woman objects and that woman is a 1-10 recipient of medical assistance under Chapter 32, Human Resources 1-11 Code, the physician or other person shall report the woman's 1-12 objection to the Texas Department of Health. 1-13 SECTION 2. Subchapter B, Chapter 32, Human Resources Code, 1-14 is amended by adding Section 32.043 to read as follows: 1-15 Sec. 32.043. HIV TESTING DURING PREGNANCY. (a) The 1-16 department shall require that a pregnant woman who receives 1-17 assistance under this chapter consent to standard serologic testing 1-18 for HIV infection as required by Section 81.090, Health and Safety 1-19 Code. 1-20 (b) The department by rule shall provide appropriate 1-21 sanctions for the failure to comply with this section. 1-22 (c) A woman is exempt from the testing required under this 1-23 section if the testing conflicts with the tenets of an organized 1-24 religion to which the woman belongs. 2-1 SECTION 3. If before implementing Section 32.043, Human 2-2 Resources Code, as added by this Act, the Health and Human Services 2-3 Commission or other agency determines that a waiver or 2-4 authorization from a federal agency is necessary for 2-5 implementation, the commission or other agency shall request the 2-6 waiver or authorization and may delay implementing that section 2-7 until the waiver or authorization is granted. 2-8 SECTION 4. This Act takes effect September 1, 1997, and 2-9 applies to a pregnant woman who receives medical assistance under 2-10 Chapter 32, Human Resources Code, on or after that date regardless 2-11 of the date on which eligibility for that assistance was 2-12 determined. 2-13 SECTION 5. 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.