Texas Health and Safety Code 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.
Terms Used In Texas Health and Safety Code 81.109
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(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.