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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of HIV and AIDS tests. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 85, Health and Safety |
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Code, is amended by adding Section 85.090 to read as follows: |
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Sec. 85.090. OPT-OUT HIV TESTING IN CERTAIN ROUTINE MEDICAL |
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SCREENINGS. (a) A health care provider that takes a sample of a |
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person's blood as part of a routine medical screening shall submit |
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the sample for an HIV diagnostic test, regardless of whether an HIV |
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test is part of a primary diagnosis, unless the person opts out of |
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the HIV test. |
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(b) Before taking a sample of a person's blood, a health |
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care provider must verbally inform a person that an HIV test will be |
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performed unless the person opts out of the HIV test. |
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(c) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules to implement this section. |
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In adopting rules, the executive commissioner must consider the |
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most recent recommendations of the federal Centers for Disease |
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Control and Prevention for HIV testing of adults and adolescents. |
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SECTION 2. (a) The executive commissioner of the Health and |
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Human Services Commission shall adopt the rules required by Section |
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85.090, Health and Safety Code, as added by this Act, not later than |
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January 1, 2010. |
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(b) Notwithstanding Section 85.090, Health and Safety Code, |
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as added by this Act, a health care provider is not required to |
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comply with that section until January 1, 2010. |
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SECTION 3. This Act takes effect September 1, 2009. |