§ 81.051 — PARTNER NOTIFICATION PROGRAMS; HIV INFECTION.

Texas § 81.051

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 81.051. PARTNER NOTIFICATION PROGRAMS; HIV INFECTION. (a) The department shall establish programs for partner notification and referral services.
(b) The partner notification services offered by health care providers participating in a program shall be made available and easily accessible to all persons with clinically validated HIV seropositive status.
(c) If a person with HIV infection voluntarily discloses the name of a partner, that information is confidential. Partner names may be used only for field investigation and notification.
(d) An employee of a partner notification program shall make the notification. The employee shall inform the person who is named as a partner of the:
(1) methods of transmission and prevention of HIV infection;
(2) telephone numbers and addresses of HIV antibody testing sites; and
(3) existence of local HIV support groups, mental health services, and medical facilities.
(e) The employee may not disclose:
(1) the name of or other identifying information concerning the identity of the person who gave the partner's name; or
(2) the date or period of the partner's exposure.
(f) If the person with HIV infection also makes the notification, the person should provide the information listed in Subsection (d).
(g) A partner notification program shall be carried out as follows:
(1) a partner notification program shall make the notification of a partner of a person with HIV infection in the manner authorized by this section regardless of whether the person with HIV infection who gave the partner's name consents to the notification; and
(2) a health care professional shall notify the partner notification program when the health care professional knows the HIV+ status of a patient and the health care professional has actual knowledge of possible transmission of HIV to a third party. Such notification shall be carried out in the manner authorized in this section and Section 81.103 .
(h) A health care professional who fails to make the notification required by Subsection (g) is immune from civil or criminal liability for failure to make that notification.
(i) A partner notification program shall provide counseling, testing, or referral services to a person with HIV infection regardless of whether the person discloses the names of any partners.
(j) A partner notification program shall routinely evaluate the performance of counselors and other program personnel to ensure that high quality services are being delivered. A program shall adopt quality assurance and training guidelines according to recommendations of the Centers for Disease Control and Prevention of the United States Public Health Service for professionals participating in the program.
(k) In this section, "HIV" has the meaning assigned by Section 81.101 .

Legislative History

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 18, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 622, Sec. 1, eff. June 14, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.0229, eff. April 2, 2015.