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