Relating to informed consent for certain screening tests.

The text as introduced · 376 words

90R3040 KRM-F

By: Jones of Dallas
H.B. No. 650

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 in accordance with Sections 81.105 and 81.106 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, 2028.

(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, 2028.

SECTION 4. This Act takes effect September 1, 2027.