79R3744 MSE-D

By:  Uresti                                                       H.B. No. 1865



A BILL TO BE ENTITLED

AN ACT

relating to the use of post-exposure prophylaxis for survivors of 
sexual assault.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 44, Health and Safety Code, is amended by 
adding Subchapter E to read as follows:

SUBCHAPTER E.  POST-EXPOSURE PROPHYLAXIS
	Sec. 44.101.  DEFINITIONS.  In this subchapter:                         
		(1)  "Post-exposure prophylaxis" means a course of 
antiretroviral drugs administered to reduce a person's risk of 
human immunodeficiency virus seroconversion.
		(2)  "Sexual assault" means any act as described by 
Section 21.11, 22.011, or 22.021, Penal Code, that exposes a 
survivor to human immunodeficiency virus.
		(3)  "Survivor" means an individual who is a victim of a 
sexual assault, regardless of whether a report to law enforcement 
is made or a conviction is obtained with regard to the assault.
	Sec. 44.102.  INFORMATION ABOUT POST-EXPOSURE PROPHYLAXIS.  
(a)  A physician examining a survivor shall inform the survivor of:
		(1)  the availability and cost of post-exposure 
prophylaxis;         
		(2)  the benefits of post-exposure prophylaxis in 
reducing the survivor's risk of human immunodeficiency virus 
seroconversion;
		(3)  the particular medical risks of post-exposure 
prophylaxis to the patient, including any possible side effects; 
and
		(4)  the proper maintenance of the post-exposure 
prophylaxis protocol.
	(b)  The information required to be provided to the survivor 
by Subsection (a) must be provided within 72 hours of the sexual 
assault unless, in the physician's professional judgment, the 
diminished benefits of post-exposure prophylaxis outweigh the 
potential risk for adverse events from post-exposure prophylaxis.
	Sec. 44.103.  CRIME VICTIM'S COMPENSATION. (a)  This 
section applies only to a survivor who is eligible to receive 
assistance under Subchapter B, Chapter 56, Code of Criminal 
Procedure.
	(b)  For purposes of Article 56.385, Code of Criminal 
Procedure, post-exposure prophylaxis is presumed to be medically 
necessary if a physician has determined that the benefits for the 
survivor of maintaining the protocol outweigh the risks.
	SECTION 2.  Section 32.024, Human Resources Code, is amended 
by adding Subsection (bb) to read as follows:
	(bb)  The department shall provide post-exposure prophylaxis 
for sexual assault survivors, as defined by Section 44.101, Health 
and Safety Code, who are eligible to receive medical assistance.
	SECTION 3.  If before implementing the change in law made by 
Section 32.024(bb), as added by this Act, a state agency determines 
that a waiver or authorization from a federal agency is necessary 
for implementation of that change in law, the agency affected by the 
change in law shall request the waiver or authorization and may 
delay implementing that change in law until the waiver or 
authorization is granted.
	SECTION 4.  This Act takes effect September 1, 2005.