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A BILL TO BE ENTITLED
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AN ACT
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relating to diagnostic testing of pregnant women and certain |
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newborns. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 81.090, Health and Safety |
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Code, is amended to read as follows: |
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Sec. 81.090. DIAGNOSTIC [SEROLOGIC] TESTING DURING |
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PREGNANCY AND AFTER BIRTH. |
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SECTION 2. Section 81.090, Health and Safety Code, is |
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amended by amending Subsections (a), (b), (c), (h), (i), (j), (k), |
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and (l) and adding Subsections (a-1), (c-1), and (c-2) to read as |
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follows: |
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(a) A physician or other person permitted by law to attend a |
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pregnant woman during gestation or at delivery of an infant shall: |
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(1) take or cause to be taken a sample of the woman's |
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blood or other appropriate specimen at the first examination and |
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visit; |
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(2) submit the sample to an appropriately certified |
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[a] laboratory [approved under this section] for diagnostic testing |
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approved by the United States Food and Drug Administration for: |
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(A) [a standard serologic test for] syphilis |
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[approved by the board]; |
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(B) [a standard serologic test for] HIV infection |
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[approved by the board]; and |
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(C) [a standard serologic test for] hepatitis B |
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infection [approved by the board]; and |
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(3) retain a report of each case for nine months and |
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deliver the report to any successor in the case. |
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(a-1) A physician or other person permitted by law to attend |
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a pregnant woman during gestation or at delivery of an infant shall: |
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(1) take or cause to be taken a sample of the woman's |
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blood or other appropriate specimen at an examination in the third |
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trimester of the pregnancy; |
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(2) submit the sample to an appropriately certified |
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laboratory for a diagnostic test approved by the United States Food |
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and Drug Administration for HIV infection; and |
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(3) retain a report of each case for nine months and |
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deliver the report to any successor in the case. |
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(b) A successor is presumed to have complied with this |
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section if the successor in good faith obtains a record that |
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indicates compliance with Subsections (a) and (a-1), if applicable. |
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(c) A physician or other person in attendance at a delivery |
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shall: |
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(1) take or cause to be taken a sample of blood or |
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other appropriate specimen from the mother on admission for |
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delivery; and |
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(2) submit the sample to an appropriately certified |
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[a] laboratory [approved under this section] for diagnostic testing |
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approved by the United States Food and Drug Administration for: |
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(A) [a standard serologic test for] syphilis |
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[approved by the board]; |
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(B) [a standard serologic test for] HIV infection |
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[approved by the board]; and |
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(C) [a standard serologic test for] hepatitis B |
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infection [approved by the board]. |
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(c-1) If the physician or other person in attendance at the |
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delivery does not find in the woman's medical records results from |
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the diagnostic test for HIV infection performed under Subsection |
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(a-1), the physician or person shall instruct the laboratory to |
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expedite the processing of the diagnostic test for HIV infection |
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under Subsection (c)(2)(B) so that the results are received less |
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than six hours after the time the sample is submitted. |
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(c-2) If the physician or other person in attendance at the |
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delivery does not find in the woman's medical records results from a |
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diagnostic test for HIV infection performed under Subsection (a) or |
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(a-1) and the diagnostic test for HIV infection was not performed |
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before delivery under Subsection (c), the physician or other person |
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in attendance at delivery shall: |
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(1) take or cause to be taken a sample of blood or |
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other appropriate specimen from the newborn child less than two |
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hours after the time of birth; |
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(2) submit the sample to an appropriately certified |
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laboratory for a diagnostic test approved by the United States Food |
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and Drug Administration for HIV infection; and |
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(3) instruct the laboratory to expedite the processing |
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of the test so that the results are received less than six hours |
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after the time the sample is submitted. |
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(h) A [The department is not required to approve a] |
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laboratory under this section must be certified as required by |
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[Subsection (d) or provide a list of approved laboratories under
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Subsection (e) as long as] the Clinical Laboratory Improvement |
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Amendments of 1988 (42 U.S.C. Section 263a), and subsequent |
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amendments[, are in effect]. |
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(i) Before conducting or causing to be conducted a |
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diagnostic [standard serologic] test for HIV infection under this |
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section, the physician or other person shall advise the woman that |
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the result of a test taken under this section is confidential as |
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provided by Subchapter F, but that the test is not anonymous. The |
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physician or other person shall explain the difference between a |
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confidential and an anonymous test to the woman and that an |
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anonymous test may be available from another entity. The physician |
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or other person shall make the information available in another |
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language, if needed, and if resources permit. The information |
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shall be provided by the physician or another person, as needed, in |
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a manner and in terms understandable to a person who may be |
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illiterate if resources permit. |
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(j) The result of a [standard] test for HIV infection under |
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Subsection (a)(2)(B), (a-1), [or] (c)(2)(B), or (c-2) is a test |
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result for purposes of Subchapter F. |
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(k) Before the [blood] sample is taken, the health care |
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provider shall distribute to the patient printed materials about |
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AIDS, HIV, hepatitis B, and syphilis. A health care provider shall |
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verbally notify the patient that an HIV test shall be performed if |
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the patient does not object. If the patient objects, the patient |
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shall be referred to an anonymous testing facility or instructed |
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about anonymous testing methods. The health care provider shall |
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note on the medical records that the distribution of printed |
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materials was made and that verbal notification was given. The |
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materials shall be provided to the health care provider by the |
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department [Texas Department of Health] and shall be prepared and |
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designed to inform the patients about: |
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(1) the incidence and mode of transmission of AIDS, |
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HIV, hepatitis B, and syphilis; |
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(2) how being infected with HIV, AIDS, hepatitis B, or |
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syphilis could affect the health of their child; |
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(3) the available cure for syphilis; |
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(4) the available treatment to prevent |
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maternal-infant HIV transmission; and |
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(5) methods to prevent the transmission of the HIV |
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virus, hepatitis B, and syphilis. |
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(l) A physician or other person may not conduct a diagnostic |
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[standard] test for HIV infection under Subsection (a)(2)(B), |
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(a-1), or (c)(2)(B) if the woman objects. A physician or other |
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person may not conduct a diagnostic test for HIV infection under |
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Subsection (c-2) if a parent, managing conservator, or guardian |
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objects. |
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SECTION 3. Sections 81.090(d), (e), and (f), Health and |
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Safety Code, are repealed. |
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SECTION 4. (a) Sections 81.090(a), (c), (h), (i), and (k), |
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Health and Safety Code, as amended by this Act, apply only to a test |
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performed on or after the effective date of this Act. A test |
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performed before the effective date of this Act is covered by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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(b) Sections 81.090(a-1), (c-1), and (c-2), Health and |
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Safety Code, as added by this Act, and Sections 81.090(b), (j), and |
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(l), Health and Safety Code, as amended by this Act, apply only to a |
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physician or other person attending a pregnant woman during |
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gestation or at delivery of an infant on or after January 1, 2010. |
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SECTION 5. This Act takes effect September 1, 2009. |