TITLE: Relating to required counseling regarding negative results of HIV tests.

SUMMARY: Relating to required counseling regarding negative results of HIV tests.

FULL TEXT:
AN ACT 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.