HB4147 - Relating to informed consent for certain screening tests.

  89R18093 JTZ-F     By: Jones of Dallas H.B. No. 4147       A BILL TO BE ENTITLED   AN ACT   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.