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.
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