Bill Text: TX HB2235 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to HIV and AIDS tests.
Spectrum: Moderate Partisan Bill (Democrat 61-11)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Health & Human Services [HB2235 Detail]
Download: Texas-2023-HB2235-Introduced.html
Bill Title: Relating to HIV and AIDS tests.
Spectrum: Moderate Partisan Bill (Democrat 61-11)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Health & Human Services [HB2235 Detail]
Download: Texas-2023-HB2235-Introduced.html
By: Jones of Dallas | H.B. No. 2235 |
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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 CERTAIN ROUTINE | ||
MEDICAL SCREENINGS. (a) A health care provider who takes a sample | ||
of an individual's blood as part of a medical screening may 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, a health care provider must obtain the | ||
individual's written consent for an HIV diagnostic test or verbally | ||
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. Section 32.024, Human Resources Code, is amended | ||
by adding Subsection (ee) to read as follows: | ||
(ee) The executive commissioner shall adopt rules to require | ||
the commission to provide an HIV test in accordance with Section | ||
85.0815, Health and Safety Code, to an individual who receives | ||
medical assistance. | ||
SECTION 4. (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, and Section | ||
32.024(ee), Human Resources 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 5. This Act takes effect September 1, 2023. |