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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 2. HEALTH |
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Subtitle D. PREVENTION, CONTROL, AND REPORTS OF DISEASES |
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Chapter 85. ACQUIRED IMMUNE DEFICIENCY SYNDROME AND HUMAN IMMUNODEFICIENCY VIRUS INFECTION |
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Subchapter D. TESTING PROGRAMS AND COUNSELING |
Sec. 85.082. DEPARTMENT VOLUNTARY TESTING PROGRAMS
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(a) The department shall establish voluntary HIV testing programs in each public health region to make confidential counseling and testing available. The department shall complete contact tracing after a confirmed positive test.
(b) The department may contract with public and private entities to perform the testing as necessary according to local circumstances.
(c) The results of a test conducted by a testing program or department program under this section may not be used for insurance purposes, to screen or determine suitability for employment, or to discharge a person from employment.
(d) A person who is injured by an intentional violation of Subsection (c) may bring a civil action for damages and may recover for each violation from a person who violates Subsection (c):
(1) $1,000 or actual damages, whichever is greater; and
(2) reasonable attorney fees.
(e) In addition to the remedies provided by Subsection (d), the person may bring an action to restrain a violation or threatened violation of Subsection (c).