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A BILL TO BE ENTITLED
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AN ACT
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relating to preventative treatment for state employees exposed to |
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HIV while performing duties of employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 85.116(a), (d), and (e), Health and |
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Safety Code, are amended to read as follows: |
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(a) On an employee's request, a state agency shall pay the |
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costs of testing, preventative treatment, and counseling an |
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employee of that agency concerning HIV infection if: |
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(1) the employee documents to the agency's |
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satisfaction that the employee may have been exposed to HIV while |
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performing duties of employment with that agency; and |
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(2) the employee was exposed to HIV in a manner that |
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the United States Public Health Service has determined is capable |
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of transmitting HIV. |
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(d) The cost of a state employee's testing, preventative |
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treatment, and counseling shall be paid from funds appropriated for |
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payment of workers' compensation benefits to state employees. The |
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director of the workers' compensation division of the attorney |
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general's office shall adopt rules necessary to administer this |
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subsection. |
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(e) Counseling or a test conducted under this section must |
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conform to the model protocol on HIV counseling and testing |
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prescribed by the department. Preventative treatment for HIV |
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provided under this section must conform to the model protocol on |
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HIV preventative treatment prescribed by the department. |
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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. |