Texas Health and Safety Code

§ 81.107 — CONSENT TO TEST FOR CERTAIN ACCIDENTAL EXPOSURES

HS § 81.107Title 2. HEALTH · Part D. PREVENTION, CONTROL, AND REPORTS OF DISEASES; PUBLIC HEALTH DISASTERS AND EMERGENCIES · Ch. 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC HEALTH EMERGENCIES · Art. F. TESTS FOR ACQUIRED IMMUNE DEFICIENCY SYNDROME AND RELATED DISORDERS

Statute text

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(a)In a case of accidental exposure to blood or other body fluids under Section 81.102(a)(5)(D), the health care agency or facility may test a person who may have exposed the health care worker or other emergency response employee or volunteer to HIV without the person's specific consent to the test.

(b)A test under this section may be done only if:

(1)the test is done according to protocols established as provided by Section 81.102(c); and

(2)those protocols ensure that any identifying information concerning the person tested will be destroyed as soon as the testing is complete and the person who may have been exposed is notified of the result.

(c)A test result under this section is subject to the confidentiality provisions of this chapter. Added by Acts 1991, 72nd Leg., ch. 14, Sec. 28, eff. Sept. 1, 1991. Amended by:

Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0240, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1278 (S.B. 1574), Sec. 13, eff. September 1, 2015.