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A BILL TO BE ENTITLED
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AN ACT
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relating to informed consent for certain screening tests. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 85.002, Health and Safety Code, is |
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amended by adding Subdivision (4-a) to read as follows: |
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(4-a) "Screening test" means a rapid analytical |
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laboratory or other procedure to determine the need for further |
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diagnostic evaluation relating to an infection described by |
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Subdivision (1) or (4). |
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SECTION 2. Subchapter D, Chapter 85, Health and Safety |
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Code, is amended by adding Section 85.0815 to read as follows: |
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Sec. 85.0815. OPT-OUT TESTING IN MEDICAL SCREENINGS FOR |
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SEXUALLY TRANSMITTED DISEASES. (a) A health care provider who |
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collects a sample of an individual's blood as part of a medical |
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screening for a sexually transmitted disease shall submit the |
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sample for a screening test, unless the individual opts out of the |
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screening test. |
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(b) Before collecting a sample of an individual's blood as |
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part of a medical screening for a sexually transmitted disease, a |
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health care provider must obtain the individual's consent for a |
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screening test and inform the individual that the screening test |
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will be performed unless the individual opts out of the screening |
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test. |
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(c) If an individual receives a positive test result for a |
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screening test conducted under Subsection (a), the health care |
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provider who submitted the individual's blood for the test must |
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provide information on available and applicable health care, |
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education, prevention, and social support services to the |
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individual. |
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(d) The executive commissioner shall adopt rules to |
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implement this section. In adopting rules, the executive |
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commissioner must consider the most recent recommendations of the |
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Centers for Disease Control and Prevention for testing of adults |
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and adolescents using a screening test. |
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SECTION 3. (a) The executive commissioner of the Health and |
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Human Services Commission shall adopt the rules required by Section |
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85.0815, Health and Safety Code, as added by this Act, not later |
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than January 1, 2026. |
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(b) Notwithstanding Section 85.0815, Health and Safety |
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Code, as added by this Act, a health care provider is not required |
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to comply with that section until January 1, 2026. |
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SECTION 4. (a) Notwithstanding any other section of this |
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Act, in a state fiscal year, the Health and Human Services |
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Commission is not required to implement a mandatory provision in |
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another section of this Act imposing a duty on the commission to |
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take an action unless money is specifically appropriated to the |
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commission for that fiscal year to carry out that duty. The |
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commission may implement the provision in that fiscal year to the |
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extent other funding is available to the commission for the |
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implementation. |
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(b) If, as authorized by Subsection (a) of this section, the |
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Health and Human Services Commission does not implement the |
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mandatory provision in a state fiscal year, the commission, in the |
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commission's legislative budget request for the next state fiscal |
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biennium, shall certify that fact to the Legislative Budget Board |
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and include a written estimate of the costs of implementing the |
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provision in each year of that next state fiscal biennium. |
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(c) This section expires and any duty suspended by |
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Subsection (a) of this section becomes mandatory on September 1, |
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2029. |
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SECTION 5. This Act takes effect September 1, 2025. |