Texas § 81.109 COUNSELING REQUIRED FOR POSITIVE TEST RESULTS.

Texas Statutes

§ 81.109 — COUNSELING REQUIRED FOR POSITIVE TEST RESULTS.

Texas § 81.109

Code HSHealth and Safety Code

This text of Texas § 81.109 (COUNSELING REQUIRED FOR POSITIVE TEST RESULTS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 81.109 (2026).

Text

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

Free access — add to your briefcase to read the full text and ask questions with AI

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.
SUBCHAPTER G. COURT ORDERS FOR MANAGEMENT OF PERSONS WITH COMMUNICABLE DISEASES