Amend HB 1795 (Senate committee printing) by adding the 
following appropriately numbered SECTIONS to the bill and 
renumbering subsequent SECTIONS of the bill accordingly:
	SECTION ____.  The heading to Section 81.090, Health and 
Safety Code, is amended to read as follows:
	Sec. 81.090.  DIAGNOSTIC [SEROLOGIC] TESTING DURING 
PREGNANCY AND AFTER BIRTH.
	SECTION ____.  Section 81.090, Health and Safety Code, is 
amended by amending Subsections (a), (b), (c), (i), (j), (k), and 
(l) and adding Subsections (a-1), (c-1), and (c-2) to read as 
follows:
	(a)  A physician or other person permitted by law to attend a 
pregnant woman during gestation or at delivery of an infant shall:
		(1)  take or cause to be taken a sample of the woman's 
blood or other appropriate specimen at the first examination and 
visit;
		(2)  submit the sample to an appropriately certified 
[a] laboratory [approved under this section] for diagnostic testing 
approved by the United States Food and Drug Administration for:
			(A)  [a standard serologic test for] syphilis 
[approved by the board];
			(B)  [a standard serologic test for] HIV infection 
[approved by the board];  and
			(C)  [a standard serologic test for] hepatitis B 
infection [approved by the board];  and
		(3)  retain a report of each case for nine months and 
deliver the report to any successor in the case.
	(a-1)  A physician or other person permitted by law to attend 
a pregnant woman during gestation or at delivery of an infant shall:
		(1)  take or cause to be taken a sample of the woman's 
blood or other appropriate specimen at an examination in the third 
trimester of the pregnancy;
		(2)  submit the sample to an appropriately certified 
laboratory for a diagnostic test approved by the United States Food 
and Drug Administration for HIV infection;  and
		(3)  retain a report of each case for nine months and 
deliver the report to any successor in the case.
	(b)  A successor is presumed to have complied with this 
section if the successor in good faith obtains a record that 
indicates compliance with Subsections (a) and (a-1), if applicable.
	(c)  A physician or other person in attendance at a delivery 
shall:          
		(1)  take or cause to be taken a sample of blood or 
other appropriate specimen from the mother on admission for 
delivery;  and
		(2)  submit the sample to an appropriately certified 
[a] laboratory [approved under this section] for diagnostic testing 
approved by the United States Food and Drug Administration for:
			(A)  [a standard serologic test for] syphilis 
[approved by the board]; and
			(B)  [a standard serologic test for HIV infection 
approved by the board; and
			[(C)  a standard serologic test for] hepatitis B 
infection [approved by the board].
	(c-1)  If the physician or other person in attendance at the 
delivery does not find in the woman's medical records results from 
the diagnostic test for HIV infection performed under Subsection 
(a-1), the physician or person shall:
		(1)  take or cause to be taken a sample of blood or 
other appropriate specimen from the mother;
		(2)  submit the sample to an appropriately certified 
laboratory for diagnostic testing approved by the United States 
Food and Drug Administration for HIV infection; and
		(3)  instruct the laboratory to expedite the processing 
of the test so that the results are received less than six hours 
after the time the sample is submitted.
	(c-2)  If the physician or other person in attendance at the 
delivery does not find in the woman's medical records results from a 
diagnostic test for HIV infection performed under Subsection (a-1), 
and the diagnostic test for HIV infection was not performed before 
delivery under Subsection (c-1), the physician or other person in 
attendance at delivery shall:
		(1)  take or cause to be taken a sample of blood or 
other appropriate specimen from the newborn child less than two 
hours after the time of birth;
		(2)  submit the sample to an appropriately certified 
laboratory for a diagnostic test approved by the United States Food 
and Drug Administration for HIV infection; and
		(3)  instruct the laboratory to expedite the processing 
of the test so that the results are received less than six hours 
after the time the sample is submitted.
	(i)  Before conducting or causing to be conducted a 
diagnostic [standard serologic] test for HIV infection under this 
section, the physician or other person shall advise the woman that 
the result of a test taken under this section is confidential as 
provided by Subchapter F, but that the test is not anonymous.  The 
physician or other person shall explain the difference between a 
confidential and an anonymous test to the woman and that an 
anonymous test may be available from another entity.  The physician 
or other person shall make the information available in another 
language, if needed, and if resources permit.  The information 
shall be provided by the physician or another person, as needed, in 
a manner and in terms understandable to a person who may be 
illiterate if resources permit.
	(j)  The result of a [standard] test for HIV infection under 
Subsection (a)(2)(B), (a-1), (c-1), or (c-2) [(c)(2)(B)] is a test 
result for purposes of Subchapter F.
	(k)  Before the [blood] sample is taken, the health care 
provider shall distribute to the patient printed materials about 
AIDS, HIV, hepatitis B, and syphilis.  A health care provider shall 
verbally notify the patient that an HIV test shall be performed if 
the patient does not object.  If the patient objects, the patient 
shall be referred to an anonymous testing facility or instructed 
about anonymous testing methods.  The health care provider shall 
note on the medical records that the distribution of printed 
materials was made and that verbal notification was given.  The 
materials shall be provided to the health care provider by the 
department [Texas Department of Health] and shall be prepared and 
designed to inform the patients about:
		(1)  the incidence and mode of transmission of AIDS, 
HIV, hepatitis B, and syphilis;
		(2)  how being infected with HIV, AIDS, hepatitis B, or 
syphilis could affect the health of their child;
		(3)  the available cure for syphilis;                                         
		(4)  the available treatment to prevent 
maternal-infant HIV transmission;  and
		(5)  methods to prevent the transmission of the HIV 
virus, hepatitis B, and syphilis.
	(l)  A physician or other person may not conduct a diagnostic 
[standard] test for HIV infection under Subsection (a)(2)(B), 
(a-1), or (c-1) [(c)(2)(B)] if the woman objects.  A physician or 
other person may not conduct a diagnostic test for HIV infection 
under Subsection (c-2) if a parent, managing conservator, or 
guardian objects.
	SECTION ____.  Sections 81.090(d), (e), (f), and (h), Health 
and Safety Code, are repealed.
	SECTION ____.  (a) Sections 81.090(a), (c), (i), and (k), 
Health and Safety Code, as amended by this Act, apply only to a test 
performed on or after the effective date of this Act.  A test 
performed before the effective date of this Act is covered by the 
law in effect immediately before the effective date of this Act, and 
the former law is continued in effect for that purpose.
	(b)  Sections 81.090(a-1), (c-1), and (c-2), Health and 
Safety Code, as added by this Act, and Sections 81.090(b), (j), and 
(l), Health and Safety Code, as amended by this Act, apply only to a 
physician or other person attending a pregnant woman during 
gestation or at delivery of an infant on or after January 1, 2010.