Sec. 81.109. COUNSELING REQUIRED FOR POSITIVE TEST RESULTS. (a) A positive test result may not be revealed to the person tested without giving that person the immediate opportunity for individual, face-to-face post-test counseling about:
(1) the meaning of the test result;
(2) the possible need for additional testing;
(3) measures to prevent the transmission of HIV;
(4) the availability of appropriate health care services, including mental health care, and appropriate social and support services in the geographic area of the person's residence;
(5) the benefits of partner notification; and
(6) the availability of partner notification programs.
(b) Post-test counseling should:
(1) increase a person's understanding of HIV infection;
(2) explain the potential need for confirmatory testing;
(3) explain ways to change behavior conducive to HIV transmission;
(4) encourage the person to seek appropriate medical care; and
(5) encourage the person to notify persons with whom there has been contact capable of transmitting HIV.
(c) Subsection (a) does not apply if:
(1) a report of a test result is used for statistical or research purposes only and any information that could identify the person is removed from the report; or
(2) the test is conducted for the sole purpose of screening blood, blood products, bodily fluids, organs, or tissues to determine suitability for donation.
(d) A person who is injured by an intentional violation of this section may bring a civil action for damages and may recover for each violation from a person who violates this section:
(1) $1,000 or actual damages, whichever is greater; and
(2) reasonable attorney fees.
(e) This section does not prohibit disciplinary proceedings from being conducted by the appropriate licensing authorities for a health care provider's violation of this section.
(f) A person performing a test to show HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS is not liable under Subsection (d) for failing to provide post-test counseling if the person tested does not appear for the counseling.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 30, eff. Sept. 1, 1991.
Last modified: September 28, 2016