Section 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.Tex. Health and Safety Code § 81.109
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 30, eff. 9/1/1991.