By Gray H.B. No. 2036
76R3290 CMR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to testing for certain infections during pregnancy or on
1-3 delivery of a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 81.090(a), (c), (k), (m), and (n),
1-6 Health and Safety Code, are amended to read as follows:
1-7 (a) A physician or other person permitted by law to attend a
1-8 pregnant woman during gestation or at delivery of an infant shall:
1-9 (1) take or cause to be taken a sample of the woman's
1-10 blood at the first examination and visit;
1-11 (2) submit the sample to a laboratory approved under
1-12 this section for:
1-13 (A) a standard serologic test for syphilis
1-14 approved by the board; [and]
1-15 (B) a standard serologic test for HIV infection
1-16 approved by the board; and
1-17 (C) a standard serologic test for hepatitis B
1-18 infection approved by the board; and
1-19 (3) retain a report of each case for nine months and
1-20 deliver the report to any successor in the case.
1-21 (c) A physician or other person in attendance at a delivery
1-22 shall:
1-23 (1) take or cause to be taken a sample of blood from
1-24 the mother on admission for [or from the umbilical cord of the
2-1 infant within 24 hours of] delivery; and
2-2 (2) submit the sample to a laboratory approved under
2-3 this section for:
2-4 (A) a standard serologic test for syphilis
2-5 approved by the board; [and]
2-6 (B) a standard serologic test for HIV infection
2-7 approved by the board; and
2-8 (C) a standard serologic test for hepatitis B
2-9 infection approved by the board.
2-10 (k) Before the blood sample is taken, the health care
2-11 provider shall distribute to the patient printed materials about
2-12 AIDS, HIV, hepatitis B, and syphilis. A health care provider [and]
2-13 shall verbally notify the patient that an HIV test shall be
2-14 performed if the patient does not object. If the patient objects,
2-15 the patient shall be referred to an anonymous testing facility or
2-16 instructed about anonymous testing methods. The health care
2-17 provider shall note on the medical records that the distribution of
2-18 printed materials was made and that verbal notification was given.
2-19 The materials shall be provided to the health care provider by the
2-20 Texas Department of Health and shall be prepared and designed to
2-21 inform the patients about:
2-22 (1) the incidence and mode of transmission of AIDS,
2-23 HIV, hepatitis B, and syphilis;
2-24 (2) how being infected with HIV, AIDS, hepatitis B, or
2-25 syphilis could affect the health of their child;
2-26 (3) the available cure for syphilis;
2-27 (4) the available treatment to prevent maternal-infant
3-1 HIV transmission; and
3-2 (5) methods to prevent the transmission of the HIV
3-3 virus, hepatitis B, and syphilis.
3-4 (m) If a screening test and a confirmatory test conducted
3-5 under this section show that the woman is or may be infected with
3-6 HIV, hepatitis B, or syphilis, the physician or other person who
3-7 submitted the sample for the test shall provide or make available
3-8 to the woman disease-specific information on the disease diagnosed,
3-9 including:
3-10 (1) information relating to treatment of HIV
3-11 infection, [and] acquired immune deficiency syndrome, hepatitis B,
3-12 or syphilis, which must be in another language, if needed, and must
3-13 be presented, as necessary, in a manner and in terms understandable
3-14 to a person who may be illiterate if resources permit; and
3-15 (2) counseling under Section 81.109, if HIV infection
3-16 or AIDS is diagnosed.
3-17 (n) A physician or other person may comply with the
3-18 requirements of Subsection (m)(1) by referring the woman to an
3-19 entity that provides treatment for individuals infected with the
3-20 disease diagnosed [HIV or with acquired immune deficiency
3-21 syndrome].
3-22 SECTION 2. This Act takes effect September 1, 1999, and
3-23 applies only to a physician or other person attending a pregnant
3-24 woman during gestation or at delivery of an infant on or after the
3-25 effective date of this Act.
3-26 SECTION 3. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.