25 Tex. Admin. Code § 97.138 - Guidelines for Testing Certain Indicted Persons for Certain Diseases
(a) A person indicted for, or who waives
indictment for, an offense under the Texas Penal Code, §§
21.02,
21.11(a)(1),
22.011, or
22.021, shall, at
direction of the court on the court's own motion or on request of the victim of
the alleged offense, undergo a standard diagnostic test for HIV and other
sexually transmitted diseases. The standard diagnostic test shall be a type
approved by the United States Food and Drug Administration for testing for
those diseases. On request of the victim of the alleged offense, the court
shall order the defendant to undergo the test not later than 48 hours after an
indictment for the offense is presented against the defendant, or not later
than 48 hours after the defendant waives indictment. The Texas Code of Criminal
Procedure, Article 21.31, provides procedures for situations where the
defendant cannot be located within that 48-hour period, as well as procedures
for any subsequent testing after a conviction, or as otherwise necessary
following an initial positive result.
(b) A person indicted for, or who waives
indictment for, an offense under the Texas Penal Code, §
22.11, shall, at direction
of the court on the court's own motion or on request of the victim of the
alleged offense, undergo a diagnostic test for HIV, Hepatitis A, Hepatitis B,
Tuberculosis, or any other disease listed as reportable under Texas Health and
Safety Code, §
81.048. On
request of the victim of the alleged offense, the court shall order the
defendant to undergo the test not later than 48 hours after an indictment for
the offense is presented against the defendant, or not later than 48 hours
after the defendant waives indictment. The Texas Code of Criminal Procedure,
Article 21.31, provides procedures for situations where the defendant cannot be
located within that 48-hour period, as well as procedures for any subsequent
testing after a conviction, or as otherwise necessary following an initial
positive result. The person charged with the offense shall pay the costs of
testing under this subsection.
(c)
A hospital shall perform the medical procedure or test on a person if a court
so orders, as required in Texas Health and Safety Code, §
81.094. All
aspects of testing, whether performed in a hospital or not, under this section
must be conducted in accordance with the Centers for Disease Control and
Prevention (CDC) Sexually Transmitted Diseases Treatment Guidelines and with
other applicable CDC and department testing guidelines and in accordance with
state and federal confidentiality requirements (note that Texas Code of
Criminal Procedure, Article 21.31, allows certain specific
disclosures).
(d) The person
performing the procedure or test under this section shall timely submit the
test results to the local health authority, following which that local health
authority must timely notify the victim of the alleged offense, and the person
charged with the offense, of the test result.
Notes
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