Bill Text: TX HB3377 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to HIV and AIDS tests.
Spectrum: Moderate Partisan Bill (Democrat 62-14)
Status: (Engrossed - Dead) 2023-05-10 - Referred to Health & Human Services [HB3377 Detail]
Download: Texas-2023-HB3377-Engrossed.html
| 88R22124 KKR-F | ||
| By: Jones of Dallas, Oliverson, Rose, | H.B. No. 3377 | |
| Anderson, Wu, et al. | ||
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| relating to HIV and AIDS tests. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Subchapter D, Chapter 85, Health | ||
| and Safety Code, is amended to read as follows: | ||
| SUBCHAPTER D. HIV TESTING, TESTING PROGRAMS, AND COUNSELING | ||
| SECTION 2. Subchapter D, Chapter 85, Health and Safety | ||
| Code, is amended by adding Section 85.0815 to read as follows: | ||
| Sec. 85.0815. OPT-OUT HIV TESTING IN MEDICAL SCREENINGS FOR | ||
| SEXUALLY TRANSMITTED INFECTIONS. (a) A health care provider who | ||
| takes a sample of an individual's blood as part of a medical | ||
| screening for a sexually transmitted infection shall submit the | ||
| sample for an HIV diagnostic test, regardless of whether an HIV test | ||
| is part of a primary diagnosis, unless the individual opts out of | ||
| the HIV test. | ||
| (b) Before taking a sample of an individual's blood as part | ||
| of a medical screening for a sexually transmitted infection, a | ||
| health care provider must obtain the individual's consent for an | ||
| HIV diagnostic test or inform the individual that an HIV diagnostic | ||
| test will be performed unless the individual opts out of the HIV | ||
| test. | ||
| (c) A health care provider who submits an individual's blood | ||
| for an HIV diagnostic test shall provide to each individual who | ||
| receives a positive test result information on available HIV health | ||
| services and referrals to community support programs. | ||
| (d) The executive commissioner shall adopt rules to | ||
| implement this section. In adopting rules, the executive | ||
| commissioner must consider the most recent recommendations of the | ||
| Centers for Disease Control and Prevention for HIV testing of | ||
| adults and adolescents. | ||
| SECTION 3. (a) The executive commissioner of the Health and | ||
| Human Services Commission shall adopt the rules required by Section | ||
| 85.0815, Health and Safety Code, as added by this Act, not later | ||
| than January 1, 2024. | ||
| (b) Notwithstanding Section 85.0815, Health and Safety | ||
| Code, as added by this Act, a health care provider is not required | ||
| to comply with that section until January 1, 2024. | ||
| SECTION 4. (a) Notwithstanding any other section of this | ||
| Act, in a state fiscal year, the Health and Human Services | ||
| Commission is not required to implement a mandatory provision in | ||
| another section of this Act imposing a duty on the commission to | ||
| take an action unless money is specifically appropriated to the | ||
| commission for that fiscal year to carry out that duty. The | ||
| commission may implement the provision in that fiscal year to the | ||
| extent other funding is available to the commission for the | ||
| implementation. | ||
| (b) If, as authorized by Subsection (a) of this section, the | ||
| Health and Human Services Commission does not implement the | ||
| mandatory provision in a state fiscal year, the commission, in the | ||
| commission's legislative budget request for the next state fiscal | ||
| biennium, shall certify that fact to the Legislative Budget Board | ||
| and include a written estimate of the costs of implementing the | ||
| provision in each year of that next state fiscal biennium. | ||
| (c) This section expires and any duty suspended by | ||
| Subsection (a) of this section becomes mandatory on September 1, | ||
| 2027. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
