reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.014. Technical Assistance to Community Organizations

Sec. 85.014.  TECHNICAL ASSISTANCE TO COMMUNITY ORGANIZATIONS.  (a)  The department shall provide technical assistance to nonprofit community organizations to maximize the use of limited resources and volunteer efforts and to expand the availability of health care, education, prevention, and social support services needed to address the HIV epidemic.
(b)  The department shall provide technical assistance in:
(1)  recruiting, training, and effectively using volunteers in the delivery of HIV-related services;
(2)  identifying funding opportunities and sources, including information on developing sound grant proposals;  and
(3)  developing and implementing effective service delivery approaches for community-based health care, education, prevention, and social support services pertaining to HIV.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.015. Contract for Services; Duration

Sec. 85.015.  CONTRACT FOR SERVICES;  DURATION.  (a)  The department may contract with an entity to provide the services required by Subchapters A through F if:
(1)  the contract would minimize duplication of effort and would deliver services cost-effectively;  and
(2)  the contracting entity does not advocate or promote conduct that violates state law.
(b)  Subsection (a)(2) does not restrict the inclusion in educational materials of accurate information about ways to reduce the risk of exposure to or transmission of HIV.
(c)  The department may audit an entity contracting with the department under Subsection (a).
(d)  The department may seek, accept, and spend funds from state, federal, local, and private entities to carry out Subsections (a) through (c).
(e)  A contract entered into by the department under this subchapter may not be for a term of more than one year, except that a contract may be renewed without a public hearing.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0272, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter A. General Provisions and Educational Materials › Section 85.016. Rules

Sec. 85.016.  RULES.  The executive commissioner may adopt rules necessary to implement Subchapters A through F.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0273, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.031. State Grant Program to Community Organizations

Sec. 85.031.  STATE GRANT PROGRAM TO COMMUNITY ORGANIZATIONS.  The department shall establish and administer a state grant program to nonprofit community organizations for:
(1)  HIV education, prevention, and risk reduction programs;  and
(2)  treatment, health, and social service programs for persons with HIV infection.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.032. Rules; Program Structure

Sec. 85.032.  RULES; PROGRAM STRUCTURE.  (a)  The executive commissioner may adopt rules relating to:
(1)  the services that may be furnished under the program;
(2)  a system of priorities regarding the types of services provided, geographic areas covered, or classes of individuals or communities targeted for services under the program; and
(3)  a process for resolving conflicts between the department and a program receiving money under this subchapter.
(b)  Executive commissioner or department actions relating to service, geographic, and other priorities shall be based on the set of priorities and guidelines established under this section.
(c)  In structuring the program and adopting rules, the department and the executive commissioner, as appropriate, shall attempt to:
(1)  coordinate the use of federal, local, and private funds;
(2)  encourage the provision of community-based services;
(3)  address needs that are not met by other sources of funding;
(4)  provide funding as extensively as possible across the regions of the state in amounts that reflect regional needs; and
(5)  encourage cooperation among local service providers.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0274, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.033. Coordination of Services

Sec. 85.033.  COORDINATION OF SERVICES.  (a)  To prevent unnecessary duplication of services, the executive commissioner and the department shall seek to coordinate the services provided by eligible programs under Subchapters A through G with existing federal, state, and local programs.
(b)  The department shall consult with the Department of Aging and Disability Services and the commission to ensure that programs funded under this subchapter complement and do not unnecessarily duplicate services provided through the Department of Aging and Disability Services and the commission.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0274, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.034. Application Procedures and Eligibility Guidelines

Sec. 85.034.  APPLICATION PROCEDURES AND ELIGIBILITY GUIDELINES.  (a)  The department shall establish application procedures and eligibility guidelines for the state grants under this subchapter.
(b)  Application procedures must include regional public hearings after reasonable notice in the region in which the community organization is based before awarding an initial grant or grants totalling more than $25,000 annually.
(c)  Before the 10th day before the date of the public hearing, notice shall be given to each state representative and state senator who represents any part of the region in which any part of the grant will be expended.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.035. Applicant Information

Sec. 85.035.  APPLICANT INFORMATION.  An applicant for a state grant under this subchapter shall submit to the department for approval:
(1)  a description of the objectives established by the applicant for the conduct of the program;
(2)  documentation that the applicant has consulted with appropriate local officials, community groups, and individuals with expertise in HIV education and treatment and knowledge of the needs of the population to be served;
(3)  a description of the methods the applicant will use to evaluate the activities conducted under the program to determine if the objectives are met;  and
(4)  any other information requested by the department.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.036. Awarding of Grants

Sec. 85.036.  AWARDING OF GRANTS.  (a)  In awarding grants for education programs under this subchapter, the department shall give special consideration to nonprofit community organizations whose primary purpose is serving persons younger than 18 years of age.
(b)  In awarding grants for treatment, health, and social services, the department shall endeavor to distribute grants in a manner that prevents unnecessary duplication of services within a community.
(c)  In awarding grants for education programs, the department shall endeavor to complement existing education programs in a community, to prevent unnecessary duplication of services within a community, to provide HIV education programs for populations engaging in behaviors conducive to HIV transmission, to initiate needed HIV education programs where none exist, and to promote early intervention and treatment of persons with HIV infection.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.037. Restrictions on Grants

Sec. 85.037.  RESTRICTIONS ON GRANTS.  (a)  The department may not award a grant to an entity or community organization that advocates or promotes conduct that violates state law.
(b)  This section does not prohibit the award of a grant to an entity or community organization that provides accurate information about ways to reduce the risk of exposure to or transmission of HIV.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.038. Restrictions on Funds

Sec. 85.038.  RESTRICTIONS ON FUNDS.  (a)  The department may not use more than five percent of the funds appropriated for the grant program to employ sufficient staff to review and process grant applications, monitor and evaluate the effectiveness of funded programs, and provide technical assistance to grantees.
(b)  Not more than one-third of the funds available under this subchapter may be used for HIV education, prevention, and risk reduction.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.039. Information Provided by Funded Program

Sec. 85.039.  INFORMATION PROVIDED BY FUNDED PROGRAM.  (a)  A program funded with a grant under this subchapter shall provide information and educational materials that are accurate, comprehensive, and consistent with current findings of the United States Public Health Service.
(b)  Information and educational materials developed with a grant awarded under this subchapter must contain materials and be presented in a manner that is specifically directed to the group for which the materials are intended.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.040. Evaluation of Funded Programs

Sec. 85.040.  EVALUATION OF FUNDED PROGRAMS.  (a)  The department shall develop evaluation criteria to document effectiveness, unit-of-service costs, and number of volunteers used in programs funded with grants under this subchapter.
(b)  An organization that receives funding under the program shall:
(1)  collect and maintain relevant data as required by the department;  and
(2)  submit to the department copies of all material the organization has printed or distributed relating to HIV infection.
(c)  The department shall provide prompt assistance to grantees in obtaining materials and skills necessary to collect and report the data required under this section.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.041. Records and Reports

Sec. 85.041.  RECORDS AND REPORTS.  (a)  The department shall require each program receiving a grant under this subchapter to maintain records and information specified by the department.
(b)  The executive commissioner may adopt rules relating to the information a program is required to report to the department and shall adopt procedures and forms for reporting the information to prevent unnecessary and duplicative reporting of data.
(c)  The department shall review records, information, and reports prepared by programs funded under this subchapter.  Before December 1 of each year, the department shall prepare a report that is available to the public and that summarizes data regarding the type, level, quality, and cost-effectiveness of services provided under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0275, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.042. Financial Records

Sec. 85.042.  FINANCIAL RECORDS.  (a)  The department shall review periodically the financial records of a program funded with a grant under this subchapter.
(b)  As a condition of accepting a grant under this subchapter, a community organization must allow the department to periodically review the financial records of that organization.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.043. Due Process

Sec. 85.043.  DUE PROCESS.  The department may provide a due process hearing procedure for the resolution of conflicts between the department and a program funded with a state grant under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter B. State Grant Program to Community Organizations › Section 85.044. Advisory Committee

Sec. 85.044.  ADVISORY COMMITTEE.  The executive commissioner may appoint an advisory committee to assist in the development of procedures and guidelines required by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0276, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter C. HIV Medication Program › Section 85.061. HIV Medication Program

Sec. 85.061.  HIV MEDICATION PROGRAM.  (a)  The Texas HIV medication program is established in the department.
(b)  The program shall assist hospital districts, local health departments, public or nonprofit hospitals and clinics, nonprofit community organizations, and HIV-infected individuals in the purchase of medications approved by the commissioner that have been shown to be effective in reducing hospitalizations due to HIV-related conditions.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0277, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter C. HIV Medication Program › Section 85.062. Eligibility

Sec. 85.062.  ELIGIBILITY.  (a)  To be eligible for the program, an individual:
(1)  must not be eligible for Medicaid benefits;
(2)  must meet financial eligibility criteria set by department rule;
(3)  must not qualify for any other state or federal program available for financing the purchase of the prescribed medication; and
(4)  must be diagnosed by a licensed physician as having AIDS or an HIV-related condition or illness of at least the minimal severity set by the executive commissioner.
(b)  The department shall give priority to participation in the program to eligible individuals younger than 18 years of age.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0278, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter C. HIV Medication Program › Section 85.063. Procedures and Eligibility Guidelines

Sec. 85.063.  PROCEDURES AND ELIGIBILITY GUIDELINES.  The executive commissioner by rule shall establish:
(1)  application and distribution procedures;
(2)  eligibility guidelines to ensure the most appropriate distribution of funds available each year; and
(3)  appellate procedures to resolve any eligibility or funding conflicts.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0279, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter C. HIV Medication Program › Section 85.064. Funding

Sec. 85.064.  FUNDING.  (a)  The department may accept and use local, state, and federal funds and private donations to fund the program.
(b)  State, local, and private funds may be used to qualify for federal matching funds if federal funding becomes available.
(c)  A hospital district, local health department, public or nonprofit hospital or clinic, or nonprofit community organization may participate in the program by sending funds to the department for the purpose of providing assistance to clients for the purchase of HIV medication.  A hospital district may send funds obtained from any source, including taxes levied by the district.
(d)  The department shall deposit money received under this section in the state treasury to the credit of the general revenue fund.
(e)  Funds received from a hospital district, local health department, public or nonprofit hospital or clinic, or nonprofit community organization under this section may be used only to provide assistance to clients of that entity.  The funds may be supplemented with other funds available for the purpose of the program.
(f)  Funds appropriated by the General Appropriations Act may not be transferred from other line items for the program.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0280, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter C. HIV Medication Program › Section 85.065. Sliding Fee Scale to Purchase Medication

Sec. 85.065.  SLIDING FEE SCALE TO PURCHASE MEDICATION.  The department may institute a sliding fee scale to help eligible HIV-infected individuals purchase medications under the program.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter D. Testing Programs and Counseling › Section 85.081. Model Protocols for Counseling and Testing

Sec. 85.081.  MODEL PROTOCOLS FOR COUNSELING AND TESTING.  (a)  The department shall develop, and the executive commissioner shall adopt, model protocols for counseling and testing related to HIV infection.  The protocols shall be made available to health care providers on request.
(b)  A testing program shall adopt and comply with the model protocols developed by the department under Subsection (a).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0281, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter D. Testing Programs and Counseling › Section 85.082. Department Voluntary Testing Programs

Sec. 85.082.  DEPARTMENT VOLUNTARY TESTING PROGRAMS.  (a)  The department shall establish voluntary HIV testing programs in each public health region to make confidential counseling and testing available.  The department shall complete contact tracing after a confirmed positive test.
(b)  The department may contract with public and private entities to perform the testing as necessary according to local circumstances.
(c)  The results of a test conducted by a testing program or department program under this section may not be used for insurance purposes, to screen or determine suitability for employment, or to discharge a person from employment.
(d)  A person who is injured by an intentional violation of Subsection (c) may bring a civil action for damages and may recover for each violation from a person who violates Subsection (c):
(1)  $1,000 or actual damages, whichever is greater;  and
(2)  reasonable attorney fees.
(e)  In addition to the remedies provided by Subsection (d), the person may bring an action to restrain a violation or threatened violation of Subsection (c).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter D. Testing Programs and Counseling › Section 85.085. Physician Supervision of Medical Care

Sec. 85.085.  PHYSICIAN SUPERVISION OF MEDICAL CARE.  A licensed physician shall supervise any medical care or procedure provided under a testing program.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter D. Testing Programs and Counseling › Section 85.086. Reports

Sec. 85.086.  REPORTS.  A testing program shall report test results for HIV infection in the manner provided by Chapter 81 (Communicable Disease Prevention and Control Act).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter D. Testing Programs and Counseling › Section 85.087. Training of Counselors

Sec. 85.087.  TRAINING OF COUNSELORS.  (a)  The department shall develop and offer a training course for persons providing HIV counseling.  The training course shall include information relating to the special needs of persons with positive HIV test results, including the importance of early intervention and treatment and recognition of psychosocial needs.
(b)  The department shall maintain a registry of persons who successfully complete the training course.
(c)  The department may charge a fee for the course to persons other than employees of entities receiving state or federal funds for HIV counseling and testing programs through a contract with the department.
(d)  The executive commissioner by rule shall set the fee in an amount that is reasonable and necessary to cover the costs of providing the course.
(e)  The department may contract for the training of counselors.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0282, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter D. Testing Programs and Counseling › Section 85.088. State-Funded Health Clinics

Sec. 85.088.  STATE-FUNDED HEALTH CLINICS.  (a)  State-funded primary health, women's reproductive health, and sexually transmitted disease clinics shall:
(1)  make available to patients and clients information and educational materials concerning the prevention of HIV infection; and
(2)  provide or refer patients and clients to voluntary and affordable counseling and HIV testing services, including the patient's or client's choice of anonymous or confidential HIV testing or counseling.
(b)  Information provided under Subsection (a)(1) shall be routinely incorporated into patient education and counseling in clinics specializing in sexually transmitted diseases and women's reproductive health.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0283, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter D. Testing Programs and Counseling › Section 85.089. Disciplinary Action

Sec. 85.089.  DISCIPLINARY ACTION.  This subchapter does not prohibit disciplinary proceedings from being conducted by the appropriate licensing authorities for a health care provider's violation of this subchapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter E. Duties of State Agencies and State Contractors › Section 85.111. Education of State Employees

Sec. 85.111.  EDUCATION OF STATE EMPLOYEES.  (a)  Each state agency annually shall provide to each state employee educational information about:
(1)  methods of transmission and prevention of HIV infection;
(2)  state laws relating to the transmission of HIV infection; and
(3)  conduct that may result in the transmission of HIV infection.
(b)  The educational information shall be provided to a newly hired state employee on the first day of employment.
(c)  The educational information shall be based on the model developed by the department and shall include the workplace guidelines adopted by the state agency.
(d)  The department shall prepare and distribute to each state agency a model informational pamphlet that can be reproduced by each state agency to meet the requirements of this section.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0284, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter E. Duties of State Agencies and State Contractors › Section 85.112. Workplace Guidelines

Sec. 85.112.  WORKPLACE GUIDELINES.  (a)  Each state agency shall adopt and implement workplace guidelines concerning persons with AIDS and HIV infection.
(b)  The workplace guidelines shall incorporate at a minimum the model workplace guidelines developed by the department.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter E. Duties of State Agencies and State Contractors › Section 85.113. Workplace Guidelines for State Contractors

Sec. 85.113.  WORKPLACE GUIDELINES FOR STATE CONTRACTORS.  An entity that contracts with or is funded by any of the following state agencies to operate a program involving direct client contact shall adopt and implement workplace guidelines similar to the guidelines adopted by the agency that funds or contracts with the entity:
(1)  the Department of Assistive and Rehabilitative Services;
(2)  the Texas Juvenile Justice Department;
(3)  the Texas Department of Criminal Justice;
(4)  the department;
(5)  the Department of Aging and Disability Services; and
(6)  the commission.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 835, Sec. 25, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0285, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter E. Duties of State Agencies and State Contractors › Section 85.114. Education of Certain Clients, Inmates, Patients, and Residents

Sec. 85.114.  EDUCATION OF CERTAIN CLIENTS, INMATES, PATIENTS, AND RESIDENTS.  (a)  Each state agency listed in Section 85.113 shall routinely make available HIV education for clients, inmates, patients, and residents of treatment, educational, correctional, or residential facilities under the agency's jurisdiction.
(b)  Education available under this section shall be based on the model educational materials developed by the department and tailored to the cultural, educational, language, and developmental needs of the clients, inmates, patients, or residents, including the use of Braille or telecommunication devices for the deaf.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0286, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter E. Duties of State Agencies and State Contractors › Section 85.115. Confidentiality Guidelines

Sec. 85.115.  CONFIDENTIALITY GUIDELINES.  (a)  Each state agency shall develop and implement guidelines regarding confidentiality of AIDS and HIV-related medical information for employees of the agency and for clients, inmates, patients, and residents served by the agency.
(b)  Each entity that receives funds from a state agency for residential or direct client services or programs shall develop and implement guidelines regarding confidentiality of AIDS and HIV-related medical information for employees of the entity and for clients, inmates, patients, and residents served by the entity.
(c)  The confidentiality guidelines shall be consistent with guidelines published by the department and with state and federal law and regulations.
(d)  An entity that does not adopt confidentiality guidelines as required by Subsection (b) is not eligible to receive state funds until the guidelines are developed and implemented.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter E. Duties of State Agencies and State Contractors › Section 85.116. Testing and Counseling for State Employees Exposed to HIV Infection on the Job

Sec. 85.116.  TESTING AND COUNSELING FOR STATE EMPLOYEES EXPOSED TO HIV INFECTION ON THE JOB.  (a)  On an employee's request, a state agency shall pay the costs of testing and counseling an employee of that agency concerning HIV infection if:
(1)  the employee documents to the agency's satisfaction that the employee may have been exposed to HIV while performing duties of employment with that agency;  and
(2)  the employee was exposed to HIV in a manner that the United States Public Health Service has determined is capable of transmitting HIV.
(b)  The executive commissioner by rule shall prescribe the criteria that constitute possible exposure to HIV under this section.  The criteria must be based on activities the United States Public Health Service determines pose a risk of HIV infection.
(c)  For the purpose of qualifying for workers' compensation or any other similar benefits or compensation, an employee who claims a possible work-related exposure to HIV infection must provide the employer with a written statement of the date and circumstances of the exposure and document that, within 10 days after the date of the exposure, the employee had a test result that indicated an absence of HIV infection.
(d)  The cost of a state employee's testing and counseling shall be paid from funds appropriated for payment of workers' compensation benefits to state employees.  The State Office of Risk Management shall adopt rules necessary to administer this subsection.
(e)  Counseling or a test conducted under this section must conform to the model protocol on HIV counseling and testing prescribed by the department.
(f)  A state employee who may have been exposed to HIV while performing duties of state employment may not be required to be tested.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0287, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter G. Policies of Correctional and Law Enforcement Agencies, Fire Departments, and Emergency Medical Services Providers › Section 85.141. Model Policies Concerning Persons in Custody

Sec. 85.141.  MODEL POLICIES CONCERNING PERSONS IN CUSTODY.  The department, in consultation with appropriate correctional and law enforcement agencies, fire departments, and emergency medical services providers, shall develop model policies regarding the handling, care, and treatment of persons with AIDS or HIV infection who are in the custody of the Texas Department of Criminal Justice, local law enforcement agencies, municipal and county correctional facilities, and district probation departments.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter G. Policies of Correctional and Law Enforcement Agencies, Fire Departments, and Emergency Medical Services Providers › Section 85.142. Adoption of Policy

Sec. 85.142.  ADOPTION OF POLICY.  (a)  Each state and local law enforcement agency, fire department, emergency medical services provider, municipal and county correctional facility, and district probation department shall adopt a policy for handling persons with AIDS or HIV infection who are in their custody or under their supervision.
(b)  The policy must be substantially similar to a model policy developed by the department under Section 85.141.
(c)  A policy adopted under this section applies to persons who contract or subcontract with an entity required to adopt the policy under Subsection (a).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter G. Policies of Correctional and Law Enforcement Agencies, Fire Departments, and Emergency Medical Services Providers › Section 85.143. Content of Policy

Sec. 85.143.  CONTENT OF POLICY.  A policy adopted under this subchapter must:
(1)  provide for periodic education of employees, inmates, and probationers concerning HIV;
(2)  ensure that education programs for employees include information and training relating to infection control procedures and that employees have infection control supplies and equipment readily available;  and
(3)  ensure access to appropriate services and protect the confidentiality of medical records relating to HIV infection.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter I. Prevention of Transmission of HIV and Hepatitis B Virus by Infected Health Care Workers › Section 85.201. Legislative Findings

Sec. 85.201.  LEGISLATIVE FINDINGS.  (a)  The legislature finds that:
(1)  the Centers for Disease Control and Prevention of the United States Public Health Service have made recommendations for preventing transmission of human immunodeficiency virus (HIV) and hepatitis B virus (HBV) to patients in the health care setting;
(2)  the Centers for Disease Control and Prevention of the United States Public Health Service have found that when health care workers adhere to recommended infection-control procedures, the risk of transmitting HBV from an infected health care worker to a patient is small, and the risk of transmitting HIV is likely to be even smaller;
(3)  the risk of transmission of HIV and HBV in health care settings will be minimized if health care workers adhere to the Centers for Disease Control and Prevention of the United States Public Health Service recommendations; and
(4)  health care workers who perform exposure-prone procedures should know their HIV antibody status; health care workers who perform exposure-prone procedures and who do not have serologic evidence of immunity to HBV from vaccination or from previous infection should know their HBsAg status and, if that is positive, should also know their HBeAg status.
(b)  Any testing for HIV antibody status shall comply with Subchapters C, D, and F, Chapter 81.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.05, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0288, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter I. Prevention of Transmission of HIV and Hepatitis B Virus by Infected Health Care Workers › Section 85.202. Definitions

Sec. 85.202.  DEFINITIONS.  In this subchapter:
(1)  "Exposure-prone procedure" means a specific invasive procedure that poses a direct and significant risk of transmission of HIV or hepatitis B virus, as designated by a health professional association or health facility, as provided by Section 85.204(b)(4).
(2)  "Health care worker" means a person who furnishes health care services in direct patient care situations under a license, certificate, or registration issued by this state or a person providing direct patient care in the course of a training or educational program.
(3)  "Invasive procedure" means:
(A)  a surgical entry into tissues, cavities, or organs;  or
(B)  repair of major traumatic injuries associated with any of the following:
(i)  an operating or delivery room, emergency department, or outpatient setting, including a physician's or dentist's office;
(ii)  cardiac catheterization or angiographic procedures;
(iii)  a vaginal or cesarean delivery or other invasive obstetric procedure during which bleeding may occur;  or
(iv)  the manipulation, cutting, or removal of any oral or perioral tissues, including tooth structure, during which bleeding occurs or the potential for bleeding exists.
(4)  "Universal precautions" means procedures for disinfection and sterilization of reusable medical devices and the appropriate use of infection control, including hand washing, the use of protective barriers, and the use and disposal of needles and other sharp instruments as those procedures are defined by the Centers for Disease Control and Prevention of the United States Public Health Service.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.05, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0289, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 85 - Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection › Subchapter I. Prevention of Transmission of HIV and Hepatitis B Virus by Infected Health Care Workers › Section 85.203. Infection Control Standards

Sec. 85.203.  INFECTION CONTROL STANDARDS.  (a)  All health care workers shall adhere to universal precautions as defined by this subchapter.
(b)  Health care workers with exudative lesions or weeping dermatitis shall refrain from all direct patient care and from handling patient care equipment and devices used in performing invasive procedures until the condition resolves.
(c)  All institutions of higher education and professional and vocational schools training health care workers shall provide instruction on universal precautions.
(d)  Health care institutions shall establish procedures for monitoring compliance with universal precautions.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.05, eff. Sept. 1, 1991.