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A BILL TO BE ENTITLED
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AN ACT
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relating to certain health-related reports, records, and |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.103, Health and Safety Code, is |
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amended by amending Subsections (b) and (e) and adding Subsection |
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(k) to read as follows: |
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(b) A test result may be released to: |
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(1) the department under this chapter; |
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(2) a local health authority if reporting is required |
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under this chapter; |
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(3) the Centers for Disease Control and Prevention of |
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the United States Public Health Service if reporting is required by |
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federal law or regulation; |
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(4) the physician or other person authorized by law |
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who ordered the test; |
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(5) a physician, nurse, or other health care personnel |
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who have a legitimate need to know the test result in order to |
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provide for their protection and to provide for the patient's |
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health and welfare; |
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(6) the person tested or a person legally authorized |
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to consent to the test on the person's behalf; |
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(7) the spouse of the person tested if the person tests |
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positive for AIDS or HIV infection, antibodies to HIV, or infection |
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with any other probable causative agent of AIDS; |
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(8) a person authorized to receive test results under |
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Article 21.31, Code of Criminal Procedure, concerning a person who |
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is tested as required or authorized under that article; [and] |
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(9) a person exposed to HIV infection as provided by |
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Section 81.050; and |
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(10) a county or district court to comply with this |
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chapter or rules relating to the control and treatment of |
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communicable diseases and health conditions. |
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(e) A person may release or disclose a test result for |
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statistical summary purposes [only] without the written consent of |
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the person tested if information that could identify the person is |
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removed from the report. |
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(k) A judge of a county or district court may issue a |
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protective order or take other action to limit disclosure of a test |
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result obtained under this section before that information is |
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entered into evidence or otherwise released in a court proceeding. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |