{"data":{"id":"us-tx/tex.-health-and-safety-code-81.109","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 81.109","heading":"COUNSELING REQUIRED FOR POSITIVE TEST RESULTS.","body":"(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:\n(1) the meaning of the test result;\n(2) the possible need for additional testing;\n(3) measures to prevent the transmission of HIV;\n(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;\n(5) the benefits of partner notification; and\n(6) the availability of partner notification programs.\n(b) Post-test counseling should:\n(1) increase a person's understanding of HIV infection;\n(2) explain the potential need for confirmatory testing;\n(3) explain ways to change behavior conducive to HIV transmission;\n(4) encourage the person to seek appropriate medical care; and\n(5) encourage the person to notify persons with whom there has been contact capable of transmitting HIV.\n(c) Subsection (a) does not apply if:\n(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\n(2) the test is conducted for the sole purpose of screening blood, blood products, bodily fluids, organs, or tissues to determine suitability for donation.\n(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:\n(1) $1,000 or actual damages, whichever is greater; and\n(2) reasonable attorney fees.\n(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.\n(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.\nAdded by Acts 1991, 72nd Leg., ch. 14, Sec. 30, eff. Sept. 1, 1991.","path":["HEALTH AND SAFETY CODE","TITLE 2. HEALTH","SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES; PUBLIC HEALTH DISASTERS AND EMERGENCIES","CHAPTER 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC HEALTH EMERGENCIES","SUBCHAPTER F. TESTS FOR ACQUIRED IMMUNE DEFICIENCY SYNDROME AND RELATED DISORDERS"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.81.htm#81.109","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"65de2b5dcd2cda45a46d5c690167b254175a692c29a8cb4009faa839e1e0de77","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-81.108","next":"us-tx/tex.-health-and-safety-code-81.151"},"notice":"GroundRules: Original legal text. Not legal advice."}