Relating to informed consent for certain screening tests.
relating to informed consent for certain screening tests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 85.002, Health and Safety Code, is
amended by adding Subdivision (4-a) to read as follows:
(4-a) “Screening test” means a rapid analytical
laboratory or other procedure to determine the need for further
diagnostic evaluation relating to an infection described by
Subdivision (1) or (4).
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 TESTING IN MEDICAL SCREENINGS FOR
SEXUALLY TRANSMITTED DISEASES. (a) A health care provider who
collects a sample of an individual’s blood as part of a medical
screening for a sexually transmitted disease shall submit the
sample for a screening test, unless the individual opts out of the
screening test.
(b) Before collecting a sample of an individual’s blood as
part of a medical screening for a sexually transmitted disease, a
health care provider must obtain the individual’s consent for a
screening test and inform the individual that the screening test
will be performed unless the individual opts out of the screening
test.
(c) If an individual receives a positive test result for a
screening test conducted under Subsection (a), the health care
provider who submitted the individual’s blood for the test must
provide information on available and applicable health care,
education, prevention, and social support services to the
individual.
(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 testing of adults
and adolescents using a screening test.
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, 2026.
(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, 2026.
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,
2029.
SECTION 5. This Act takes effect September 1, 2025.
