HB1737 - Relating to HIV and AIDS tests.

  89R5368 JTZ-F     By: Jones of Dallas H.B. No. 1737       A BILL TO BE ENTITLED   AN ACT   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 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 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 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 an   HIV diagnostic test or inform the individual that an HIV 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.  (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.