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A BILL TO BE ENTITLED
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AN ACT
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relating to required counseling regarding negative results of HIV |
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tests. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 81, Health and Safety |
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Code, is amended by adding Section 81.110 to read as follows: |
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Sec. 81.110. COUNSELING REQUIRED FOR NEGATIVE TEST RESULTS. |
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(a) If a health care provider, as defined by Section 161.201, |
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determines that a person is at a high risk for contracting HIV |
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infection, the provider may not reveal a negative test result to the |
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person tested without giving that person the immediate opportunity |
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for individual, face-to-face post-test counseling and written |
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information from a readily available source, including the |
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department and the federal Centers for Disease Control and |
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Prevention, on: |
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(1) the limitations of HIV testing technology; |
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(2) the time required for verification of a test |
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result; |
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(3) the possible need for additional testing; and |
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(4) measures to prevent the transmission of HIV, |
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including pre-exposure and postexposure prophylaxis. |
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(b) Subsection (a) does not apply if: |
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(1) a report of a test result is used for statistical |
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or research purposes only and any information that could identify |
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the person is removed from the report; or |
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(2) the test is conducted for the sole purpose of |
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screening blood, blood products, bodily fluids, organs, or tissues |
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to determine suitability for donation. |
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(c) A person who is injured by an intentional violation of |
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this section may bring a civil action for damages and may recover |
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for each violation from a person who violates this section: |
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(1) $1,000 or actual damages, whichever is greater; |
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and |
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(2) reasonable attorney fees. |
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(d) This section does not prohibit the appropriate |
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licensing authorities from conducting disciplinary proceedings for |
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a health care provider's violation of this section. |
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SECTION 2. Section 81.110, Health and Safety Code, as added |
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by this Act, applies only to an HIV test performed by a health care |
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provider on or after January 1, 2018. |
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SECTION 3. This Act takes effect September 1, 2017. |