By:  Zaffirini                                         S.B. No. 519
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to testing for certain infections during pregnancy or on
 1-2     delivery of a child.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsections (a), (c), (k), (m), and (n), Section
 1-5     81.090, Health and Safety Code, are amended to read as follows:
 1-6           (a)  A physician or other person permitted by law to attend a
 1-7     pregnant woman during gestation or at delivery of an infant shall:
 1-8                 (1)  take or cause to be taken a sample of the woman's
 1-9     blood at the first examination and visit;
1-10                 (2)  submit the sample to a laboratory approved under
1-11     this section for:
1-12                       (A)  a standard serologic test for syphilis
1-13     approved by the board; [and]
1-14                       (B)  a standard serologic test for HIV infection
1-15     approved by the board; and
1-16                       (C)  a standard serologic test for hepatitis B
1-17     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 on admission for [or from the umbilical cord of the
1-24     infant within 24 hours 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; and
 2-7                       (C)  a standard serologic test for hepatitis B
 2-8     infection approved by the board.
 2-9           (k)  Before the blood sample is taken, the health care
2-10     provider shall distribute to the patient printed materials about
2-11     AIDS, HIV, hepatitis B, and syphilis.  A health care provider [and]
2-12     shall verbally notify the patient that an HIV test shall be
2-13     performed if the patient does not object.  If the patient objects,
2-14     the patient shall be referred to an anonymous testing facility or
2-15     instructed about anonymous testing methods.  The health care
2-16     provider shall note on the medical records that the distribution of
2-17     printed materials was made and that verbal notification was given.
2-18     The materials shall be provided to the health care provider by the
2-19     Texas Department of Health and shall be prepared and designed to
2-20     inform the patients about:
2-21                 (1)  the incidence and mode of transmission of AIDS,
2-22     HIV, hepatitis B, and syphilis;
2-23                 (2)  how being infected with HIV, AIDS, hepatitis B, or
2-24     syphilis could affect the health of their child;
2-25                 (3)  the available cure for syphilis;
2-26                 (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
 4-1     crowded condition of the calendars in both houses create an
 4-2     emergency and an imperative public necessity that the
 4-3     constitutional rule requiring bills to be read on three several
 4-4     days in each house be suspended, and this rule is hereby suspended.