Tex. Health & Safety Code Section 81.109
Counseling Required for Positive Test Results

Mentioned in

State Laws that address High-Impact HIV Prevention Efforts

CDC, March 17, 2022

Bibliographic info

HIV confidentiality laws by state: What to know

Medical News Today, March 2, 2022

“This article discusses the different types of laws relating to HIV in the U.S. and outlines the many state-specific laws surrounding the virus.”
 
Bibliographic info

(a)

A positive test result may not be revealed to the person tested without giving that person the immediate opportunity for individual, face-to-face post-test counseling about:

(1)

the meaning of the test result;

(2)

the possible need for additional testing;

(3)

measures to prevent the transmission of HIV;

(4)

the availability of appropriate health care services, including mental health care, and appropriate social and support services in the geographic area of the person’s residence;

(5)

the benefits of partner notification; and

(6)

the availability of partner notification programs.

(b)

Post-test counseling should:

(1)

increase a person’s understanding of HIV infection;

(2)

explain the potential need for confirmatory testing;

(3)

explain ways to change behavior conducive to HIV transmission;

(4)

encourage the person to seek appropriate medical care; and

(5)

encourage the person to notify persons with whom there has been contact capable of transmitting HIV.

(c)

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.

(d)

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.

(e)

This section does not prohibit disciplinary proceedings from being conducted by the appropriate licensing authorities for a health care provider’s violation of this section.

(f)

A person performing a test to show HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS is not liable under Subsection (d) for failing to provide post-test counseling if the person tested does not appear for the counseling.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 30, eff. Sept. 1, 1991.

Source: Section 81.109 — Counseling Required for Positive Test Results, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­81.­htm#81.­109 (accessed Jun. 5, 2024).

81.001
Short Title 81.002
Responsibility of State and Public 81.003
Definitions 81.004
Administration of Chapter 81.005
Contracts 81.006
Funds 81.007
Limitation on Liability 81.008
Communicable Disease in Animals 81.009
Exemption from Medical Treatment 81.011
Request for Information 81.012
Designated Infection Control Officer 81.013
Consideration of Federal Law and Regulations 81.014
Long-term Care Facility Infection Prevention and Control Program 81.015
Antimicrobial Stewardship Regional Advisory Committees 81.016
Personal Protective Equipment Reserve Advisory Committee 81.021
Protection of Public Health 81.022
Health Education 81.023
Immunization 81.024
Reports by Department 81.027
Trauma Service Area Regional Advisory Council Data Collection and Reporting 81.041
Reportable Diseases 81.042
Persons Required to Report 81.043
Records and Reports of Health Authority 81.044
Reporting Procedures 81.045
Reports of Death 81.046
Confidentiality 81.047
Epidemiological Reports 81.048
Notification of Emergency Response Employee or Volunteer 81.049
Failure to Report 81.050
Mandatory Testing of Persons Suspected of Exposing Certain Other Persons to Reportable Diseases, Including Hiv Infection 81.051
Partner Notification Programs 81.052
Reports and Analyses Concerning Aids and Hiv Infection 81.053
Data Quality Assurance 81.061
Investigation 81.062
Witnesses 81.063
Samples 81.064
Inspection 81.065
Right of Entry 81.066
Concealing Communicable Disease or Exposure to Communicable Disease 81.067
Concealing, Removing, or Disposing of an Infected or Contaminated Animal, Object, Vehicle, Watercraft, or Aircraft 81.068
Refusing Entry or Inspection 81.081
Department’s Duty 81.082
Administration of Control Measures 81.083
Application of Control Measures to Individual 81.084
Application of Control Measures to Property 81.085
Area Quarantine 81.086
Application of Control Measures to Private and Common Carriers and Private Conveyances 81.087
Violation of Control Measure Orders 81.088
Removal, Alteration, or Destruction of Quarantine Devices 81.089
Transportation 81.090
Diagnostic Testing During Pregnancy and After Birth 81.091
Ophthalmia Neonatorum Prevention 81.092
Contracts for Services 81.093
Persons Prosecuted for Certain Crimes 81.094
Testing by Hospitals of Persons Indicted for Certain Crimes 81.095
Testing for Accidental Exposure 81.101
Definitions 81.102
Tests 81.103
Confidentiality 81.104
Injunction 81.105
Informed Consent 81.106
General Consent 81.107
Consent to Test for Certain Accidental Exposures 81.108
Testing by Insurers 81.109
Counseling Required for Positive Test Results 81.151
Application for Court Order 81.152
Form of Application 81.153
Appointment of Attorney 81.154
Setting on Application 81.155
Notice 81.156
Disclosure of Information 81.157
District Court Jurisdiction 81.158
Affidavit of Medical Evaluation 81.159
Designation of Facility 81.160
Liberty Pending Hearing 81.161
Motion for Order of Protective Custody 81.162
Issuance of Order 81.163
Apprehension Under Order 81.164
Appointment of Attorney 81.165
Probable Cause Hearing 81.166
Order for Continued Detention 81.167
Detention in Protective Custody 81.168
Release from Detention 81.169
General Provisions Relating to Hearing 81.170
Right to Jury 81.171
Release After Hearing 81.172
Order for Temporary Management 81.173
Order for Extended Management 81.174
Order of Care or Commitment 81.175
Court-ordered Outpatient Services 81.176
Designation of Facility 81.177
Commitment to Private Facility 81.178
Commitment to Federal Facility 81.179
Transportation of Person 81.180
Writ of Commitment 81.181
Acknowledgement of Delivery 81.182
Modification of Order for Inpatient Treatment 81.183
Motion for Modification of Order for Outpatient Treatment 81.184
Order for Temporary Detention 81.185
Apprehension and Release Under Order for Temporary Detention 81.186
Order of Modification of Order for Outpatient Services 81.187
Renewal of Order for Extended Management 81.188
Motion for Rehearing 81.189
Request for Reexamination 81.190
Hearing on Request for Reexamination 81.191
Appeal 81.192
Continuing Care Plan Before Discharge 81.193
Pass from Inpatient Care 81.194
Return to Facility 81.195
Discharge on Expiration of Court Order 81.196
Discharge Before Expiration of Court Order 81.197
Certificate of Discharge 81.198
Authorization for Admission 81.199
Transfer to Federal Facility 81.200
Transfer of Records 81.201
Writ of Habeas Corpus 81.202
Effect on Guardianship 81.203
Confidentiality of Records 81.204
Rights Subject to Limitation by Head of Facility 81.205
Notification of Rights 81.206
General Rights Relating to Treatment 81.207
Adequacy of Treatment 81.208
Periodic Examination 81.209
Use of Physical Restraint 81.210
Costs 81.211
Filing and Status of Foreign Court Orders 81.212
Evading or Resisting Apprehension or Transport 81.301
Definitions 81.302
Applicability of Subchapter 81.303
Exposure Control Plan 81.304
Minimum Standards 81.305
Needleless Systems 81.306
Sharps Injury Log 81.351
Definition 81.352
Warning Sign Required 81.353
Administrative Penalty 81.401
Definition 81.402
Purpose and Findings 81.403
Task Force 81.404
Appointment of Members 81.405
Reports 81.406
Meetings 81.407
Administrative Support 81.408
Reimbursement 81.0443
Standardized Information Sharing Method 81.0444
Hospital to Report 81.0445
Provision of Information to Public During Public Health Disaster 81.0495
Failure to Report 81.0813
Authority to Declare Public Health Disaster or Order Public Health Emergency 81.0814
Consultation with Task Force on Infectious Disease Preparedness and Response 81.0815
Failure to Report 81.0821
Legislative Public Health Oversight Board 81.0955
Testing for Accidental Exposure Involving a Deceased Person 81.1511
Applicability of Subchapter to Group 81.1531
Appointment of Attorney for Group
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Accessed:
Jun. 5, 2024

§ 81.109’s source at texas​.gov