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Texas Health & Safety Code - Chapter 85 Acquired Immune Deficiency Syndrome And Human Immunodeficiency Virus InfectionLegal Research Home > Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Chapter 85 Acquired Immune Deficiency Syndrome And Human Immunodeficiency Virus Infection This chapter may be cited as the Human Immunodeficiency Virus Services Act. Added by Acts 1991, 72nd Leg., ch. 14, § 36, eff. Sept. 1, ... In this chapter: (1) "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control of the United States Public Health Service. ... The department, in the discharge of its duty to protect the public health, shall act as the lead agency for AIDS and HIV policy for ... (a) The department shall develop model education programs to be available to educate the public about AIDS and HIV infection. (b) As part of the ... (a) The department shall include in the education programs special components designed to reach: (1) persons with behavior conducive to HIV transmission; (2) persons younger ... (a) The department shall develop and promote HIV education and prevention programs specifically designed to address the concerns of persons with physical or mental disabilities. ... (a) The department shall give priority to developing model education programs for persons younger than 18 years of age. (b) The materials in the education ... (a) The department shall determine where HIV education efforts are needed in this state and shall initiate programs in those areas by identifying local resources. ... The department shall make the education programs available to local governments and private businesses on request. Added by Acts 1991, 72nd Leg., ch. 14, § ... A health care facility licensed by the department, the Texas Department of Mental Health and Mental Retardation, or the Texas Department of Human Services shall ... (a) The department may contract with any person, other than a person who advocates or promotes conduct that violates state law, for the design, development, ... (a) To ensure consistent public policy, the department, in consultation with appropriate state and local agencies and private entities, shall develop model workplace guidelines concerning ... (a) The department shall: (1) maintain current information on public and private sources of funding for HIV-related prevention, education, treatment, and social support services; and ... (a) The department shall provide technical assistance to nonprofit community organizations to maximize the use of limited resources and volunteer efforts and to expand the ... (a) The department may contract with an entity to provide the services required by Subchapters A through F if: (1) the contract would minimize duplication ... The board may adopt rules necessary to implement Subchapters A through F. Added by Acts 1991, 72nd Leg., ch. 14, § 36, eff. Sept. 1, ... The department shall establish and administer a state grant program to nonprofit community organizations for: (1) HIV education, prevention, and risk reduction programs; and (2) ... (a) The board may adopt rules relating to: (1) the services that may be furnished under the program; (2) a system of priorities regarding the ... (a) To prevent unnecessary duplication of services, the board and the department shall seek to coordinate the services provided by eligible programs under Subchapters A ... (a) The department shall establish application procedures and eligibility guidelines for the state grants under this subchapter. (b) Application procedures must include regional public hearings ... An applicant for a state grant under this subchapter shall submit to the department for approval: (1) a description of the objectives established by the ... (a) In awarding grants for education programs under this subchapter, the department shall give special consideration to nonprofit community organizations whose primary purpose is serving ... (a) The department may not award a grant to an entity or community organization that advocates or promotes conduct that violates state law. (b) This ... (a) The department may not use more than five percent of the funds appropriated for the grant program to employ sufficient staff to review and ... (a) A program funded with a grant under this subchapter shall provide information and educational materials that are accurate, comprehensive, and consistent with current findings ... (a) The department shall develop evaluation criteria to document effectiveness, unit-of-service costs, and number of volunteers used in programs funded with grants under this subchapter. ... (a) The department shall require each program receiving a grant under this subchapter to maintain records and information specified by the department. (b) The board ... (a) The department shall review periodically the financial records of a program funded with a grant under this subchapter. (b) As a condition of accepting ... The department may provide a due process hearing procedure for the resolution of conflicts between the department and a program funded with a state grant ... The board may appoint an advisory committee to assist in the development of procedures and guidelines required by this subchapter. Added by Acts 1991, 72nd ... (a) The Texas HIV medication program is established in the department. (b) The program shall assist hospital districts, local health departments, public or nonprofit hospitals ... (a) To be eligible for the program, an individual: (1) must not be eligible for Medicaid benefits; (2) must meet financial eligibility criteria set by ... The board by rule shall establish: (1) application and distribution procedures; (2) eligibility guidelines to ensure the most appropriate distribution of funds available each year; ... (a) The department may accept and use local, state, and federal funds and private donations to fund the program. (b) State, local, and private funds ... The department may institute a sliding fee scale to help eligible HIV-infected individuals purchase medications under the program. Added by Acts 1991, 72nd Leg., ch. ... The board may appoint an advisory committee to assist in the development of procedures and guidelines required by this subchapter. Added by Acts 1991, 72nd ... (a) The department shall develop model protocols for counseling and testing related to HIV infection. The protocols shall be made available to health care providers ... (a) The department shall establish voluntary HIV testing programs in each public health region to make confidential counseling and testing available. The department shall complete ... (a) A person may not advertise or represent to the public that the person conducts a testing program for AIDS, HIV infection, or related conditions ... A testing program that operates for profit, that advertises or represents to the public that it conducts or specializes in testing programs, and that is ... A licensed physician shall supervise any medical care or procedure provided under a testing program. Added by Acts 1991, 72nd Leg., ch. 14, § 36, ... A testing program shall report test results for HIV infection in the manner provided by Chapter 81 (Communicable Disease Prevention and Control Act). Added by ... (a) The department shall develop and offer a training course for persons providing HIV counseling. The training course shall include information relating to the special ... (a) State-funded primary health, women's reproductive health, and sexually transmitted disease clinics shall: (1) make available to patients and clients information and educational materials concerning ... This subchapter does not prohibit disciplinary proceedings from being conducted by the appropriate licensing authorities for a health care provider's violation of this subchapter. Added ... (a) Each state agency annually shall provide to each state employee an educational pamphlet about: (1) methods of transmission and prevention of HIV infection; (2) ... (a) Each state agency shall adopt and implement workplace guidelines concerning persons with AIDS and HIV infection. (b) The workplace guidelines shall incorporate at a ... An entity that contracts with or is funded by any of the following state agencies to operate a program involving direct client contact shall adopt ... (a) Each state agency listed in Section 85.113 shall routinely make available HIV education for clients, inmates, patients, and residents of treatment, educational, correctional, or ... (a) Each state agency shall develop and implement guidelines regarding confidentiality of AIDS and HIV-related medical information for employees of the agency and for clients, ... (a) On an employee's request, a state agency shall pay the costs of testing and counseling an employee of that agency concerning HIV infection if: ... To ensure a continuum of nursing care for persons with AIDS or HIV infection and related conditions who require long-term nursing care but do not ... (a) The Texas Department of Human Services shall establish one or more demonstration projects in nursing facilities to: (1) assist the Texas Department of Human ... The department, in consultation with appropriate correctional and law enforcement agencies, fire departments, and emergency medical services providers, shall develop model policies regarding the handling, ... (a) Each state and local law enforcement agency, fire department, emergency medical services provider, municipal and county correctional facility, and district probation department shall adopt ... A policy adopted under this subchapter must: (1) provide for periodic education of employees, inmates, and probationers concerning HIV; (2) ensure that education programs for ... (a) The legislature finds that: (1) the Centers for Disease Control of the United States Public Health Service have made recommendations for preventing transmission of ... In this subchapter: (1) "Exposure-prone procedure" means a specific invasive procedure that poses a direct and significant risk of transmission of HIV or hepatitis B ... (a) All health care workers shall adhere to universal precautions as defined by this subchapter. (b) Health care workers with exudative lesions or weeping dermatitis ... (a) Except as provided by Subsections (b) and (c), a health care worker who is infected with HIV or who is infected with hepatitis B ... A health care worker who fails to comply with this subchapter is subject to disciplinary procedures by the appropriate licensing entity. Added by Acts 1991, ... This subchapter does not: (1) require the revocation of the license, registration, or certification of a health care worker who is infected with HIV or ... In this subchapter: (1) "Home collection kit" means a product sold to the general public and used by an individual to collect a specimen from ... A person may not market, distribute, or sell a home collection kit for HIV infection testing in this state unless the kit complies with Chapter ... (a) A person may not market, distribute, or sell a product to be used by a member of the public to test a specimen collected ... A home collection kit for HIV infection testing shall be sold as part of a package of services that includes: (1) laboratory testing by a ... A laboratory facility that conducts testing of a specimen collected with a home collection kit for HIV infection testing must comply with the Clinical Laboratory ... A service provider shall report test results from a home collection kit for HIV infection testing orally to the individual tested. Notwithstanding Section 81.109, the ... (a) A service provider shall provide pretesting counseling to an individual who is considering using a home collection kit for HIV infection testing. This counseling ... (a) A home collection kit for HIV infection testing shall meet the requirements of Chapter 431. (b) In addition to the requirements in Subsection (a), ... A home collection kit for HIV infection testing is a "device" as that term is defined in Section 431.002 and is subject to the provisions ... (a) Any statement that an identifiable individual has or has not been tested with a home collection kit for HIV infection testing, including a statement ... A service provider may not use technology that permits the service provider to identify an individual to whom test results or counseling is provided or ... A service provider shall report test results from a home collection kit for HIV infection testing in the manner provided by Subchapter C, Chapter 81. ... Last modified: August 10, 2007 |