Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 97 - COMMUNICABLE DISEASES › Subchapter F - SEXUALLY TRANSMITTED DISEASES INCLUDING ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) AND HUMAN IMMUNODEFICIENCY VIRUS (HIV) › Section 97.138 - Guidelines for Testing Certain Indicted Persons for Certain Diseases

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  indicted for, or who waives indictment for, an offense under the Texas Penal
				  Code, §§
										21.02,
				  21.11(a)(1),
				  22.011, or 22.021, shall, at direction of the court on the court's own motion
				  or on request of the victim of the alleged offense, undergo a standard
				  diagnostic test for HIV and other sexually transmitted diseases. The standard
				  diagnostic test shall be a type approved by the United States Food and Drug
				  Administration for testing for those diseases. On request of the victim of the
				  alleged offense, the court shall order the defendant to undergo the test not
				  later than 48 hours after an indictment for the offense is presented against
				  the defendant, or not later than 48 hours after the defendant waives
				  indictment. The Texas Code of Criminal Procedure, Article 21.31, provides
				  procedures for situations where the defendant cannot be located within that
				  48-hour period, as well as procedures for any subsequent testing after a
				  conviction, or as otherwise necessary following an initial positive
				  result.
(b) A person indicted for,
				  or who waives indictment for, an offense under the Texas Penal Code, §
										22.11,
				  shall, at direction of the court on the court's own motion or on request of the
				  victim of the alleged offense, undergo a diagnostic test for HIV, Hepatitis A,
				  Hepatitis B, Tuberculosis, or any other disease listed as reportable under
				  Texas Health and Safety Code, §
										81.048.
				  On request of the victim of the alleged offense, the court shall order the
				  defendant to undergo the test not later than 48 hours after an indictment for
				  the offense is presented against the defendant, or not later than 48 hours
				  after the defendant waives indictment. The Texas Code of Criminal Procedure,
				  Article 21.31, provides procedures for situations where the defendant cannot be
				  located within that 48-hour period, as well as procedures for any subsequent
				  testing after a conviction, or as otherwise necessary following an initial
				  positive result. The person charged with the offense shall pay the costs of
				  testing under this subsection.
(c)
				  A hospital shall perform the medical procedure or test on a person if a court
				  so orders, as required in Texas Health and Safety Code, §
										81.094.
				  All aspects of testing, whether performed in a hospital or not, under this
				  section must be conducted in accordance with the Centers for Disease Control
				  and Prevention (CDC) Sexually Transmitted Diseases Treatment Guidelines and
				  with other applicable CDC and department testing guidelines and in accordance
				  with state and federal confidentiality requirements (note that Texas Code of
				  Criminal Procedure, Article 21.31, allows certain specific
				  disclosures).
(d) The person
				  performing the procedure or test under this section shall timely submit the
				  test results to the local health authority, following which that local health
				  authority must timely notify the victim of the alleged offense, and the person
				  charged with the offense, of the test result.