1-1 By: Zaffirini S.B. No. 519
1-2 (In the Senate - Filed February 16, 1999; February 17, 1999,
1-3 read first time and referred to Committee on Health Services;
1-4 March 10, 1999, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; March 10, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to testing for certain infections during pregnancy or on
1-9 delivery of a child.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsections (a), (c), (k), (m), and (n), Section
1-12 81.090, Health and Safety Code, are amended to read as follows:
1-13 (a) A physician or other person permitted by law to attend a
1-14 pregnant woman during gestation or at delivery of an infant shall:
1-15 (1) take or cause to be taken a sample of the woman's
1-16 blood at the first examination and visit;
1-17 (2) submit the sample to a laboratory approved under
1-18 this section for:
1-19 (A) a standard serologic test for syphilis
1-20 approved by the board; [and]
1-21 (B) a standard serologic test for HIV infection
1-22 approved by the board; and
1-23 (C) a standard serologic test for hepatitis B
1-24 infection approved by the board; and
1-25 (3) retain a report of each case for nine months and
1-26 deliver the report to any successor in the case.
1-27 (c) A physician or other person in attendance at a delivery
1-28 shall:
1-29 (1) take or cause to be taken a sample of blood from
1-30 the mother on admission for [or from the umbilical cord of the
1-31 infant within 24 hours of] delivery; and
1-32 (2) submit the sample to a laboratory approved under
1-33 this section for:
1-34 (A) a standard serologic test for syphilis
1-35 approved by the board; [and]
1-36 (B) a standard serologic test for HIV infection
1-37 approved by the board; and
1-38 (C) a standard serologic test for hepatitis B
1-39 infection approved by the board.
1-40 (k) Before the blood sample is taken, the health care
1-41 provider shall distribute to the patient printed materials about
1-42 AIDS, HIV, hepatitis B, and syphilis. A health care provider [and]
1-43 shall verbally notify the patient that an HIV test shall be
1-44 performed if the patient does not object. If the patient objects,
1-45 the patient shall be referred to an anonymous testing facility or
1-46 instructed about anonymous testing methods. The health care
1-47 provider shall note on the medical records that the distribution of
1-48 printed materials was made and that verbal notification was given.
1-49 The materials shall be provided to the health care provider by the
1-50 Texas Department of Health and shall be prepared and designed to
1-51 inform the patients about:
1-52 (1) the incidence and mode of transmission of AIDS,
1-53 HIV, hepatitis B, and syphilis;
1-54 (2) how being infected with HIV, AIDS, hepatitis B, or
1-55 syphilis could affect the health of their child;
1-56 (3) the available cure for syphilis;
1-57 (4) the available treatment to prevent maternal-infant
1-58 HIV transmission; and
1-59 (5) methods to prevent the transmission of the HIV
1-60 virus, hepatitis B, and syphilis.
1-61 (m) If a screening test and a confirmatory test conducted
1-62 under this section show that the woman is or may be infected with
1-63 HIV, hepatitis B, or syphilis, the physician or other person who
1-64 submitted the sample for the test shall provide or make available
2-1 to the woman disease-specific information on the disease diagnosed,
2-2 including:
2-3 (1) information relating to treatment of HIV
2-4 infection, [and] acquired immune deficiency syndrome, hepatitis B,
2-5 or syphilis, which must be in another language, if needed, and must
2-6 be presented, as necessary, in a manner and in terms understandable
2-7 to a person who may be illiterate if resources permit; and
2-8 (2) counseling under Section 81.109, if HIV infection
2-9 or AIDS is diagnosed.
2-10 (n) A physician or other person may comply with the
2-11 requirements of Subsection (m)(1) by referring the woman to an
2-12 entity that provides treatment for individuals infected with the
2-13 disease diagnosed [HIV or with acquired immune deficiency
2-14 syndrome].
2-15 SECTION 2. This Act takes effect September 1, 1999, and
2-16 applies only to a physician or other person attending a pregnant
2-17 woman during gestation or at delivery of an infant on or after the
2-18 effective date of this Act.
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.
2-24 * * * * *