Sec. 81.090.  DIAGNOSTIC TESTING DURING PREGNANCY AND AFTER BIRTH.  (a)  A physician or other person permitted by law to attend a pregnant woman during gestation or at delivery of an infant shall:
(1)  take or cause to be taken a sample of the woman's blood or other appropriate specimen at the first examination and visit;
(2)  submit the sample to an appropriately certified laboratory for diagnostic testing approved by the United States Food and Drug Administration for:
(A)  syphilis;
(B)  HIV infection;  and
(C)  hepatitis B infection;  and
(3)  retain a report of each case for nine months and deliver the report to any successor in the case.
(a-1)  A physician or other person permitted by law to attend a pregnant woman during gestation or at delivery of an infant shall:
(1)  take or cause to be taken a sample of the woman's blood or other appropriate specimen at an examination in the third trimester of the pregnancy, but not earlier than the 28th week of the pregnancy;
(2)  submit the sample to an appropriately certified laboratory for a diagnostic test approved by the United States Food and Drug Administration for syphilis and HIV infection; and
(3)  retain a report of each case for nine months and deliver the report to any successor in the case.
(b)  A successor is presumed to have complied with this section if the successor in good faith obtains a record that indicates compliance with Subsections (a) and (a-1), if applicable.
(c)  A physician or other person in attendance at a delivery shall:
(1)  take or cause to be taken a sample of blood or other appropriate specimen from the mother on admission for delivery; and
(2)  submit the sample to an appropriately certified laboratory for diagnostic testing approved by the United States Food and Drug Administration for hepatitis B infection and syphilis.
(c-1)  If the physician or other person in attendance at the delivery does not find in the woman's medical records results from the diagnostic test for syphilis and HIV infection performed under Subsection (a-1), the physician or person shall:
(1)  take or cause to be taken a sample of blood or other appropriate specimen from the mother;
(2)  submit the sample to an appropriately certified laboratory for diagnostic testing approved by the United States Food and Drug Administration for syphilis and HIV infection; and
(3)  instruct the laboratory to expedite the processing of the HIV test so that the results are received less than six hours after the time the sample is submitted.
(c-2)  If the physician or other person responsible for the newborn child does not find in the woman's medical records results from a diagnostic test for syphilis and HIV infection performed under Subsection (a-1), and the diagnostic test for syphilis and HIV infection was not performed before delivery under Subsection (c-1), the physician or other person responsible for the newborn child shall:
(1)  take or cause to be taken a sample of blood or other appropriate specimen from the newborn child less than two hours after the time of birth;
(2)  submit the sample to an appropriately certified laboratory for a diagnostic test approved by the United States Food and Drug Administration for syphilis and HIV infection; and
(3)  instruct the laboratory to expedite the processing of the HIV test so that the results are received less than six hours after the time the sample is submitted.
(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1124, Sec. 7, eff. September 1, 2009.
(e)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1124, Sec. 7, eff. September 1, 2009.
(f)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1124, Sec. 7, eff. September 1, 2009.
(g)  Repealed by Acts 1993, 73rd Leg., ch. 30, Sec. 3, eff. Sept. 1, 1993.
(h)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1124, Sec. 7, eff. September 1, 2009.
(i)  Before conducting or causing to be conducted a diagnostic test for HIV infection under this section, the physician or other person shall advise the woman that the result of a test taken under this section is confidential as provided by Subchapter F, but that the test is not anonymous.  The physician or other person shall explain the difference between a confidential and an anonymous test to the woman and that an anonymous test may be available from another entity.  The physician or other person shall make the information available in another language, if needed, and if resources permit.  The information shall be provided by the physician or another person, as needed, in a manner and in terms understandable to a person who may be illiterate if resources permit.
(j)  The result of a test for HIV infection under Subsection (a)(2)(B), (a-1), (c-1), or (c-2) is a test result for purposes of Subchapter F.
(k)  Before the sample is taken, the health care provider shall distribute to the patient printed materials about AIDS, HIV, hepatitis B, and syphilis.  A health care provider shall verbally notify the patient that an HIV test shall be performed if the patient does not object.  If the patient objects, the patient shall be referred to an anonymous testing facility or instructed about anonymous testing methods.  The health care provider shall note on the medical records that the distribution of printed materials was made and that verbal notification was given.  The materials shall be provided to the health care provider by the department and shall be prepared and designed to inform the patients about:
(1)  the incidence and mode of transmission of AIDS, HIV, hepatitis B, and syphilis;
(2)  how being infected with HIV, AIDS, hepatitis B, or syphilis could affect the health of their child;
(3)  the available cure for syphilis;
(4)  the available treatment to prevent maternal-infant HIV transmission;  and
(5)  methods to prevent the transmission of the HIV virus, hepatitis B, and syphilis.
(l)  A physician or other person may not conduct a diagnostic test for HIV infection under Subsection (a)(2)(B), (a-1), or (c-1) if the woman objects.  A physician or other person may not conduct a diagnostic test for HIV infection under Subsection (c-2) if a parent, managing conservator, or guardian objects.
(m)  If a screening test and a confirmatory test conducted under this section show that the woman is or may be infected with HIV, hepatitis B, or syphilis, the physician or other person who submitted the sample for the test shall provide or make available to the woman disease-specific information on the disease diagnosed, including:
(1)  information relating to treatment of HIV infection, acquired immune deficiency syndrome, hepatitis B, or syphilis, which must be in another language, if needed, and must be presented, as necessary, in a manner and in terms understandable to a person who may be illiterate if resources permit;  and
(2)  counseling under Section 81.109, if HIV infection or AIDS is diagnosed.
(n)  A physician or other person may comply with the requirements of Subsection (m)(1) by referring the woman to an entity that provides treatment for individuals infected with the disease diagnosed.
(o)  In this section, "HIV" has the meaning assigned by Section 81.101.
(p)  Not later than January 1 of each odd-numbered year, the department shall report to the legislature the number of cases of early congenital syphilis and of late congenital syphilis that were diagnosed in this state in the preceding biennium.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 30, Sec. 3, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 420, Sec. 1, eff. June 6, 1993;  Acts 1995, 74th Leg., ch. 805, Sec. 1, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 573, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 1124 (H.B. 1795), Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1124 (H.B. 1795), Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1124 (H.B. 1795), Sec. 7, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 206 (S.B. 1128), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 973 (S.B. 748), Sec. 5, eff. September 1, 2019.