Bill Text: TX HB2006 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to required counseling regarding negative results of HIV tests.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-03-13 - Referred to Public Health [HB2006 Detail]
Download: Texas-2017-HB2006-Introduced.html
| 85R3126 KKR-D | ||
| By: Anchia | H.B. No. 2006 | |
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| relating to required counseling regarding negative results of HIV | ||
| tests. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter F, Chapter 81, Health and Safety | ||
| Code, is amended by adding Section 81.110 to read as follows: | ||
| Sec. 81.110. COUNSELING REQUIRED FOR NEGATIVE TEST RESULTS. | ||
| (a) If a health care provider, as defined by Section 161.201, | ||
| determines that a person is at a high risk for contracting HIV | ||
| infection, the provider may not reveal a negative test result to the | ||
| person tested without giving that person the immediate opportunity | ||
| for individual, face-to-face post-test counseling and written | ||
| information from a readily available source, including the | ||
| department and the federal Centers for Disease Control and | ||
| Prevention, on: | ||
| (1) the limitations of HIV testing technology; | ||
| (2) the time required for verification of a test | ||
| result; | ||
| (3) the possible need for additional testing; and | ||
| (4) measures to prevent the transmission of HIV, | ||
| including pre-exposure and postexposure prophylaxis. | ||
| (b) Subsection (a) does not apply if: | ||
| (1) a report of a test result is used for statistical | ||
| or research purposes only and any information that could identify | ||
| the person is removed from the report; or | ||
| (2) the test is conducted for the sole purpose of | ||
| screening blood, blood products, bodily fluids, organs, or tissues | ||
| to determine suitability for donation. | ||
| (c) A person who is injured by an intentional violation of | ||
| this section may bring a civil action for damages and may recover | ||
| for each violation from a person who violates this section: | ||
| (1) $1,000 or actual damages, whichever is greater; | ||
| and | ||
| (2) reasonable attorney fees. | ||
| (d) This section does not prohibit the appropriate | ||
| licensing authorities from conducting disciplinary proceedings for | ||
| a health care provider's violation of this section. | ||
| SECTION 2. Section 81.110, Health and Safety Code, as added | ||
| by this Act, applies only to an HIV test performed by a health care | ||
| provider on or after January 1, 2018. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
