85R3126 KKR-D     By: Anchia H.B. No. 2006       A BILL TO BE ENTITLED   AN ACT   relating to required counseling regarding negative results of HIV   tests.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter F, Chapter 81, Health and Safety   Code, is amended by adding Section 81.110 to read as follows:          Sec. 81.110.  COUNSELING REQUIRED FOR NEGATIVE TEST RESULTS.   (a) If a health care provider, as defined by Section 161.201,   determines that a person is at a high risk for contracting HIV   infection, the provider may not reveal a negative test result to the   person tested without giving that person the immediate opportunity   for individual, face-to-face post-test counseling and written   information from a readily available source, including the   department and the federal Centers for Disease Control and   Prevention, on:                (1)  the limitations of HIV testing technology;                (2)  the time required for verification of a test   result;                (3)  the possible need for additional testing; and                (4)  measures to prevent the transmission of HIV,   including pre-exposure and postexposure prophylaxis.          (b)  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.          (c)  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.          (d)  This section does not prohibit the appropriate   licensing authorities from conducting disciplinary proceedings for   a health care provider's violation of this section.          SECTION 2.  Section 81.110, Health and Safety Code, as added   by this Act, applies only to an HIV test performed by a health care   provider on or after January 1, 2018.          SECTION 3.  This Act takes effect September 1, 2017.