SUBCHAPTER A GENERAL PROVISIONS AND EDUCATIONAL MATERIALS
- Texas Section 85.001 - Short Title
This chapter may be cited as the Human Immunodeficiency Virus Services Act. Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1,
- Texas Section 85.002 - Definitions
In this chapter: (1) "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control and Prevention of the United States Public...
- Texas Section 85.003 - Department As Lead Agency And Primary Resource
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...
- Texas Section 85.004 - Educational Materials
(a) The department shall develop model educational materials to be available on the department's Internet website to educate the public about AIDS and HIV infection....
- Texas Section 85.005 - Educational Materials Designed For Certain Persons; Specific Information
(a) The department shall include in the educational materials specific information designed to reach: (1) persons with behavior conducive to HIV transmission; (2) persons younger...
- Texas Section 85.006 - Educational Materials For Persons With Disabilities
(a) The department shall develop and promote the availability of educational materials concerning HIV and prevention of HIV infection specifically designed to address the concerns...
- Texas Section 85.007 - Educational Materials For Minors
(a) The department shall give priority to developing model educational materials for education programs for persons younger than 18 years of age. (b) The materials...
- Texas Section 85.008 - Promotion Of Availability Of Educational Materials
The department shall determine where HIV education efforts are needed in this state and shall promote the availability of educational materials on the department's Internet...
- Texas Section 85.009 - Availability Of Educational Materials
The department shall make the educational materials available on the department's Internet website for local governments and private businesses. Added by Acts 1991, 72nd Leg.,...
- Texas Section 85.010 - Educational Course For Employees And Clients Of Health Care Facilities
A health care facility licensed by the department or the Department of Aging and Disability Services shall require its employees to complete an educational course...
- Texas Section 85.011 - Contracts For Educational Materials
(a) The department may contract with any person, other than a person who advocates or promotes conduct that violates state law, for the design and...
- Texas Section 85.012 - Model Workplace Guidelines
(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...
- Texas Section 85.014 - Technical Assistance To Community Organizations
(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...
- Texas Section 85.015 - Contract For Services; Duration
(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...
SUBCHAPTER B STATE GRANT PROGRAM TO COMMUNITY ORGANIZATIONS
- Texas Section 85.016 - Rules
The executive commissioner may adopt rules necessary to implement Subchapters A through F. Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept....
- Texas Section 85.031 - State Grant Program To Community Organizations
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)...
- Texas Section 85.032 - Rules; Program Structure
(a) The executive commissioner may adopt rules relating to: (1) the services that may be furnished under the program; (2) a system of priorities regarding...
- Texas Section 85.033 - Coordination Of Services
(a) To prevent unnecessary duplication of services, the executive commissioner and the department shall seek to coordinate the services provided by eligible programs under Subchapters...
- Texas Section 85.034 - Application Procedures And Eligibility Guidelines
(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...
- Texas Section 85.035 - Applicant Information
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...
- Texas Section 85.036 - Awarding Of Grants
(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...
- Texas Section 85.037 - Restrictions On Grants
(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...
- Texas Section 85.038 - Restrictions On Funds
(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...
- Texas Section 85.039 - Information Provided By Funded Program
(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...
- Texas Section 85.040 - Evaluation Of Funded Programs
(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....
- Texas Section 85.041 - Records And Reports
(a) The department shall require each program receiving a grant under this subchapter to maintain records and information specified by the department. (b) The executive...
- Texas Section 85.042 - Financial Records
(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...
- Texas Section 85.043 - Due Process
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...
SUBCHAPTER C HIV MEDICATION PROGRAM
- Texas Section 85.044 - Advisory Committee
The executive commissioner may appoint an advisory committee to assist in the development of procedures and guidelines required by this subchapter. Added by Acts 1991,...
- Texas Section 85.061 - Hiv Medication Program
(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...
- Texas Section 85.062 - Eligibility
(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...
- Texas Section 85.063 - Procedures And Eligibility Guidelines
The executive commissioner by rule shall establish: (1) application and distribution procedures; (2) eligibility guidelines to ensure the most appropriate distribution of funds available each...
- Texas Section 85.064 - Funding
(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...
SUBCHAPTER D TESTING PROGRAMS AND COUNSELING
- Texas Section 85.065 - Sliding Fee Scale To Purchase Medication
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....
- Texas Section 85.081 - Model Protocols For Counseling And Testing
(a) The department shall develop, and the executive commissioner shall adopt, model protocols for counseling and testing related to HIV infection. The protocols shall be...
- Texas Section 85.082 - Department Voluntary Testing Programs
(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...
- Texas Section 85.085 - Physician Supervision Of Medical Care
A licensed physician shall supervise any medical care or procedure provided under a testing program. Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36,...
- Texas Section 85.086 - Reports
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...
- Texas Section 85.087 - Training Of Counselors
(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...
- Texas Section 85.088 - State-funded Health Clinics
(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...
SUBCHAPTER E DUTIES OF STATE AGENCIES AND STATE CONTRACTORS
- Texas Section 85.089 - Disciplinary Action
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...
- Texas Section 85.111 - Education Of State Employees
(a) Each state agency annually shall provide to each state employee educational information about: (1) methods of transmission and prevention of HIV infection; (2) state...
- Texas Section 85.112 - Workplace Guidelines
(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...
- Texas Section 85.113 - Workplace Guidelines For State Contractors
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...
- Texas Section 85.114 - Education Of Certain Clients, Inmates, Patients, And Residents
(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...
- Texas Section 85.115 - Confidentiality Guidelines
(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,...
SUBCHAPTER G POLICIES OF CORRECTIONAL AND LAW ENFORCEMENT AGENCIES, FIRE DEPARTMENTS, AND EMERGENCY MEDICAL SERVICES PROVIDERS
- Texas Section 85.116 - Testing And Counseling For State Employees Exposed To Hiv Infection On The Job
(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:...
- Texas Section 85.141 - Model Policies Concerning Persons In Custody
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,...
- Texas Section 85.142 - Adoption Of Policy
(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...
SUBCHAPTER I PREVENTION OF TRANSMISSION OF HIV AND HEPATITIS B VIRUS BY INFECTED HEALTH CARE WORKERS
- Texas Section 85.143 - Content Of Policy
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...
- Texas Section 85.201 - Legislative Findings
(a) The legislature finds that: (1) the Centers for Disease Control and Prevention of the United States Public Health Service have made recommendations for preventing...
- Texas Section 85.202 - Definitions
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...
- Texas Section 85.203 - Infection Control Standards
(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...
- Texas Section 85.204 - Modification Of Practice
(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...
- Texas Section 85.205 - Disciplinary Procedures
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,...
SUBCHAPTER J HOME COLLECTION KITS FOR HIV INFECTION TESTING
- Texas Section 85.206 - Retention Of License; Permitted Acts
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...
- Texas Section 85.251 - Definitions
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...
- Texas Section 85.252 - Prohibitions Relating To Home Collection Kit
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...
- Texas Section 85.253 - Prohibitions Relating To Home Testing
(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...
- Texas Section 85.254 - Package Of Services
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...
- Texas Section 85.255 - Qualified Facility
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...
- Texas Section 85.256 - Oral Reporting
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...
- Texas Section 85.257 - Counseling; Counseling Protocols
(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...
- Texas Section 85.258 - Labeling
(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),...
- Texas Section 85.259 - Enforcement
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...
- Texas Section 85.260 - Confidentiality
(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...
- Texas Section 85.261 - Certain Technology Prohibited
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...
SUBCHAPTER K TEXAS HIV MEDICATION ADVISORY COMMITTEE
- Texas Section 85.262 - Reports
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....
- Texas Section 85.271 - Definitions
In this subchapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(32), eff. April 2, 2015. (2) "Committee" means the Texas HIV...
- Texas Section 85.272 - Texas Hiv Medication Advisory Committee
(a) The executive commissioner shall establish the committee. (b) The committee consists of 11 members appointed by the executive commissioner. The committee must include: (1)...
- Texas Section 85.273 - Duties
(a) The committee shall advise the executive commissioner and the department in the development of procedures and guidelines for the program. (b) The committee shall:...
- Texas Section 85.274 - Terms
A committee member serves at the will of the executive commissioner. Added by Acts 2011, 82nd Leg., R.S., Ch. 520 (H.B. 2229), Sec. 1, eff....
- Texas Section 85.275 - Officers
(a) The committee shall select a presiding officer and an assistant presiding officer from the committee members. (b) An officer shall begin serving on March...
- Texas Section 85.276 - Meetings
(a) The committee shall meet only as necessary to conduct committee business. (b) A meeting may be called by agreement between the department staff and:...
- Texas Section 85.277 - Attendance
(a) A member shall attend: (1) a scheduled committee meeting; and (2) a meeting of a subcommittee to which the member is assigned. (b) A...
- Texas Section 85.278 - Procedures
(a) The committee shall use Robert's Rules of Order as the basis of parliamentary decisions except as provided by other law or rule. (b) An...
- Texas Section 85.279 - Subcommittees
(a) The committee may establish subcommittees as necessary to assist the committee in performing the committee's duties. (b) The presiding officer shall appoint committee members...
- Texas Section 85.280 - Statement By Member; Member Duties
(a) The executive commissioner, the department, and the committee may not be bound by any statement made or action taken by a committee member unless...
- Texas Section 85.281 - Compensation; Expenses
(a) A committee member may receive reimbursement for expenses incurred for each day the member engages in official committee business if the reimbursement is authorized...
- Texas Section 85.282 - Reports
(a) The committee shall file an annual written report with the commissioner not later than March 31 of each year. The report must cover the...