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


Mentioned in

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 Mar. 23, 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

Accessed:
Mar. 23, 2024

§ 81.109’s source at texas​.gov